HomeMy WebLinkAboutPSD-078-18 Planning Services
Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: September 10, 2018
Report Number: PSD-078-18 Resolution Number:
File Number: PLN 8.6.1 By-law Number:
Report Subject: Residential Neighbourhood Character Study
Recommendations:
1. That Report PSD-078-18 be received;
2. That Staff be authorized to undertake a Residential Neighbourhood Character Study to
inform the Zoning By-law review as described in the proposed Terms of Reference in
Attachment 2.
3. That Council pass the Interim Control By-law contained in Attachment 3 to this report;
4. That notice of the passing of the Interim Control By-law be given in accordance with
Subsection 38(3) of the Planning Act, R.S.O. 1990, C.P. 13, as amended; and
5. That all interested parties listed in Report PSD-078-18 and any delegations be advised of
Council’s decision.
Municipality of Clarington
Report PSD-078-18 Page 2
Report Overview
To address concerns with redevelopment within established residential neighbourhoods of
Elgin, Central and Memorial in Bowmanville, staff propose to retain a consultant to conduct a
Residential Neighbourhood Character Study. This study will inform the comprehensive Zoning
By-law review ZONE Clarington. To accommodate the study and prevent incompatible
development during the review period, an Interim Control By-law is recommended. The
proposed Interim Control By-law would permit development that is not likely to contribute to
issues affecting neighborhood character to occur and also recognize recent rezoning and land
division approvals.
1. Background
1.1. Over the past couple of years, the public has expressed concern that there are new lots,
new dwellings and additions to existing dwellings within established residential
neighbourhoods that are not compatible with the existing residential neighbourhood
character.
1.2 This has been a problem for municipalities across the GTAH as the price of land
increases, the value of living in existing neighbourhoods closer to urban centres is
understood and desire for larger homes has increased. Clarington is now experiencing
an infill boom leading to concern about neighbourhood character.
1.3 As part of the comprehensive zoning by-law review, the ZONE Clarington team has begun
to review the issue of residential neighbourhood character within the context of the
entire municipality to determine how best to tackle this issue. The ZONE Clarington team
has identified areas experiencing the greatest change to residential neighbourhood
character.
2. Study Area s
2.1 After reviewing areas across the Municipality, the three proposed study areas within
Bowmanville were selected as being under the greatest threat. By studying three areas,
the scope of the study would be reasonable and the costs would be limited to available
funds. We also believe that by studying these three areas, the findings would be
transferable to other parts of the Municipality. The three proposed study areas are:
Study Area 1 is a portion of the Elgin Neighbourhood with buildings primarily
constructed between 1900 and 1949
Study Area 2 is a portion of the Central Neighbourhood in Bowmanville (North
Ward) with buildings constructed primarily between 1850 and 1929
Study Area 3 is a portion of the Memorial Neighbourhood in Bowmanville (South
Ward) with the northerly portion primarily constructed between 1850 and 1929 and
the southerly portion containing buildings a greater age range of buildings including
many in the 1950’s and 1960’s.
Municipality of Clarington
Report PSD-078-18 Page 3
A summary of the three study areas is contained in Attachment 1.
2.2 The study areas are primarily zoned “Urban Residential Type One (R1)”. This zone
permits single detached dwellings, semi-detached dwellings, duplexes and places of
worship. An apartment in house is permitted within a single detached or semi-detached
dwelling and home occupations are permitted within dwellings with the exception of the
retail sale of antiques, arts, crafts or hobby items. The existing zoning regulations do
not account for the character of the existing neighbourhoods when dealing with heights,
setbacks and lot coverage. Indeed, most of these neighbourhoods were constructed
prior to any zoning by-law and can be greatly varied in built form, heights, setbacks and
lot coverage.
3. Provincial Policy
Provincial Policy Statement
3.1 The Provincial Policy Statement encourages planning authorities to create healthy
livable and safe communities by accommodating an appropriate range and mix of
residential dwelling types while being sensitive to the characteristics of the
neighbourhood.
3.2 The Provincial Growth Plan encourages municipalities to manage growth by directing
population growth to settlement areas such as the Bowmanville Urban Area.
Municipalities are encouraged to create complete communities that offer a mix of land
uses, employment and housing options, high quality open space, and access to stores
and services. The subject area is within the Built-up Area of the Growth Plan. The
Growth Plan includes policies to direct development to settlement areas, and provides
direction for intensification targets within Built-up Areas.
4. Official Plans
Durham Regional Official Plan
4.1 The Durham Region Official Plan supports the development of people-oriented Urban
Areas that create a sense of community, promote social interaction and are
aesthetically pleasing.
Clarington Official Plan
4.2 The Clarington Official Plan envisions Clarington as “a place where each community
can build on its individual character, share a common economic base and a distinct
collective image”. The physical character of established residential neighbourhoods are
to be enhanced while accommodating increasing intensification that celebrates the
history and character of its communities.
Municipality of Clarington
Report PSD-078-18 Page 4
4.3 New development and redevelopment in existing neighbourhoods are to:
a) Respect and reinforce the physical character of the established neighbourhood
having regard to the pattern of lots, streets and block, the size and configuration of
lots, building types of nearby properties, the height and scale of building and the
setback of building from the street, rear and side yards;
b) In neighbourhoods of historical character, be consistent with the built form pattern
of the area;
c) Adhere to all relevant Urban Design Guidelines and expectation for high-quality
architectural design and sustainable building materials; and
d) Maximize opportunities to improve accessibility and pedestrian and cycling
systems, enhance neighbourhood and transit connections, and reduce energy,
water and resource use.
4.4 Lot creation should keep with the character of the surrounding area.
4.5 Lands along Liberty Street are designated as a Local Corridor. The Official Plan
requires corridors to be comprehensively developed to provide for residential and/or
mixed use developments with a wide array of uses in order to achieve higher densities,
and transit oriented development while being sensitive to the existing neighbourhoods.
The built form shall incorporate existing local character and scale to create a compatible
and attractive built form with a distinctive community image.
5 Discussion
5.1 Character is not to be equated with style. It can be attributed to the pattern and
relationship of the physical elements that contribute to the streetscape. Elements can
include height, scale, setbacks, layouts, orientation of the principal entrance, type and
location of parking, use of yards, and landscapes.
5.2 Concerns with development of single detached and semi-detached dwellings in the
subject areas relate to overall massing, height, setbacks, number of front doors and the
number of attached garages. The areas have large lots which affords property owners
the ability to construct larger homes than what is typically found in the area while still
respecting the lot coverage, frontage and setback regulations. The table below
summarizes the current zone regulations in the “Urban Residential Type 1 (R1)” zone
for single detached and semi-detached dwellings.
Municipality of Clarington
Report PSD-078-18 Page 5
Regulation (minimum unless
specified) Single Detached
Dwelling
Semi-detached
dwelling
Lot area 460 m2 550 m2
Interior lot frontage 15m 18 m
Corner lot frontage 16 m 20 m
Front yard setback to a
garage or carport
6m 6m
Front yard setback to a
dwelling
4.5m 4.5m
Exterior side yard setback 6m 6m
Interior side yard setback
with an attached garage or
carport
1.2 m 1.2m
Interior side yard setback
without an attached garage
or carport
4.5 m on one side,
1.2 m on the other
3.0 m
Rear yard setback 7.5 m 7.5 m
Dwelling unit area 1 storey or split
level 85 m2
1 ½ storey 100m2
80 m2
Lot coverage (maximum) 40 % 45%
Landscape Open Space 30% 30%
Building Height (maximum) 10.5 m 10.5m
Private garage or carport
projection
May extend a
maximum of 3.0 m
in front of the
dwelling unit on all
lots registered after
June 30, 2000
May extend a
maximum of 3.0
m in front of the
dwelling unit on
all lots registered
after June 30,
2000
5.3 The definition of height is another concern. It permits height to be measured from the
lowest finished grade which could vary dependant on topography. Typically it allows for
a 2 storey plus basement in a walkout condition to be built. This combined with the
maximum height of 10.5 metres in the “Urban Residential Type 1 (R1)” zone can
provide for the construction of a single detached dwelling or a semi-detached dwelling
that may have three storey’s in areas that traditionally has bungalows and two storey
dwellings. The definition of height is as follows:
“Shall mean the vertical distance, measured between the lowest finished grade
adjacent to any wall of the building, and
a. in the case of a flat roof, the highest point of the roof surface; and
b. in the case of a mansard roof, the deck roof line; and
c. in the case of a gable, hip or gambrel roof, the average height between the
eaves and ridge.
Municipality of Clarington
Report PSD-078-18 Page 6
In calculating the height of a building, roof constructions such as bulkheads,
penthouses and similar constructions enclosing equipment or stairs and which
are less than 6 metres in height and do not occupy more than 30 percent of the
area of the roof upon which they are located, and accessory roof constructions,
such as chimneys, towers, steeples or television antennas, shall be excluded.”
Figure 4: 23 Centre Street, Flat roof dwelling with a height of 8.35 metres
5.4 Another issue is the design of new dwellings that accommodate apartment-in-house
with separate access to the front of the dwelling. Rather than having the appearance of
a single or a semi-detached dwelling, these dwellings have the appearance of a semi-
detached or quadraplex. There are also examples where the basements are raised
which contributes to the increased heights and massing. The definition of an apartment-
in-house is as follows:
“Shall mean a self-contained second dwelling unit within a permitted residential
single detached or semi-detached dwelling created through converting part of or
adding onto a dwelling unit. The apartment-in-house shall be used or intended to
be used by one or more persons and shall contain sanitary facilities, kitchen and
heating are provided. The apartment-n-house shall have a private entrance from
outside the building or from a common hallway or stairway inside the building.”
Municipality of Clarington
Report PSD-078-18 Page 7
Figure 5: 20 George Street, Bowmanville, a single detached dwelling designed
to accommodate an apartment-in-house with two front doors.
Figure 6: 129-131 Ontario Street, Bowmanville, two semi-detached dwelling
units, each designed to accommodate an apartment-in-house with two front
doors.
5.5 Many of the dwellings in the subject area do not have attached garages which requires
a larger side yard setback on one side to accommodate a driveway (4.5 metres for a
single detached and 3.0 metres for a semi-detached). A side yard setback on the side
without the attached garage would require 1.2 metres. Newer homes that are being
constructed in the subject area typically have attached garages which give a larger
appearance to the dwelling since it occupies more of the frontage than other dwellings
in the area.
Municipality of Clarington
Report PSD-078-18 Page 8
Figure 7: 52-54 Brown Street, Bowmanville, semi-detached dwelling with double car
garage located on either side.
Figure 8: Single detached dwellings on High Street with double and triple car garages.
5.6 Roof pitch is an element that contributes to the massing of a structure. Many new
dwellings are being constructed with a greater roof pitch than what is typical in the
subject area. Figure 9 depicts a new dwelling with a roof pitch that is consistent with the
neighbourhood, while Figure 10 depicts a much greater pitch.
Figure 9: 57 Duke Street with a roof pitch of 6/12
Municipality of Clarington
Report PSD-078-18 Page 9
Figure 10: 111 Duke Street with a roof pitch of 12/12
6 Residential Neighbourhood Character Study
6.1 The purpose of a Residential Neighbourhood Character Study is to identify and evaluate
the physical character of the study area and the key impacts of residential
intensification. It will recommend appropriate Official Plan policies, zoning regulations
and other implementation tools that may be applied to appropriately guide and manage
new development in the study area, to have infill development or additions better
respect and compliment neighborhood character into the future.
6.2 In order to accommodate the Residential Neighbourhood Character Study within the
work plan for the Zoning By-law review the ZONE Clarington team proposes to utilize funds
from the existing ZONE Clarington budget to retain a consultant. Other municipalities
throughout the province have hired consultants for this type of work since, most do not
have the urban design specialty in house to examine the issue within the time frame of
an interim control by-law.
6.3 To provide a frame work and contain the research tasks, staff have narrowed the study
area to those of greatest current threat and will provide data on planning and building
permit applications which have occurred in the study area.
6.4 A draft terms of reference has been prepared by the ZONE Clarington team that is ready to
go through the purchasing process for tender should Council authorize staff to conduct
the Residential Neighbourhood Character Study. A summarized terms of reference is
contained in Attachment 1.
7 Interim Control By-law
7.1 Section 38 of the Planning Act enables municipalities to enact interim control by-laws for
a period of one year (with the potential to renew for a further year). An interim control
by-law can restrict the use of land within an area specified by the by-law to enable a
study to be undertaken. The passing of an Interim Control By-law must be preceded by
a Council resolution identifying the land use issue and the need for a study to examine
the issue. Once an interim control by-law is enacted, another cannot be applied to the
Municipality of Clarington
Report PSD-078-18 Page 10
same area for a period of three years. Without having an interim control by-law in
place, incompatible development may continue during the process of the Residential
Neighbourhood Character study.
7.2 An interim control by-law can be renewed for a second year, however the extension is
subject to appeal unlike the original interim control by-law. Having reviewed other
similar Residential Neighbourhood Character study processes, it is evident that most
take more than a year to complete. In order to minimize potential appeals, the
proposed Interim Control By-law (see attachment 3) has been crafted to include a
number of exemptions for buildings and structures that would not likely contribute to the
issues affecting neighbourhood character, or to acknowledge current approvals that
have been granted.
7.3 If a property owner wishes to develop something that does not fall within the list of
exemptions contained in the proposed Interim Control By-law, there is an opportunity to
submit an application for a Minor Variance during the interim period in accordance with
By-law 83-83. Since a Minor Variance is a Planning Act Application, it must conform
with the policies of the Official Plan. The Official Plan requires development to respect
and reinforce the physical character of the established neighbourhood, staff would have
the opportunity to require the applicant demonstrate how their proposal fits with the
character of the neighbourhood.
8. Conclusion
8.1 In consideration of the comments contained within the report, it is recommended that
staff be authorized to conduct a Residential Neighbourhood Character Study
summarized in the Terms of Reference contained in Attachment 2. In order to prevent
incompatible development from occurring during the course of the study, it is
recommended that Council pass the Interim Control By-law as contained in
Attachment 3.
8.2 The recommendations from the Neighbourhood Character Study will inform the
comprehensive zoning by-law review ZONE Clarington not only for the Study Area but in
other parts of Bowmanville and the other urban areas.
9. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan sections
3.1 and 3.5. The Residential Neighbourhood Character Study will contribute to the
achievement of managing growth to maintain our “small town” feel.
Municipality of Clarington
Report PSD-078-18 Page 11
Submitted by: Reviewed by:
David J. Crome, MCIP, RPP Andrew C. Allison, B.Comm, LL.B
Director of Planning Services Chief Administrative Officer
Staff Contact: Tracey Webster, Planner, 905-623-3379 ext. 2415, twebster@clarington.net
Attachments:
Attachment 1 - Description of Proposed Study Areas
Attachment 2 - Proposed Terms of Reference – Residential Neighbourhood Character Study
Attachment 3 - Proposed Interim Control By-law
There are no interested parties to be notified of Council’s decision.
TW /CP/av
i:\^department\ldo new filing system\pln files\pln 8 other by-laws\pln 8.6 interim control by-law\pln 8.6.1 residential neighbourhood character
study\psd-078-18.docx
Attachment 1 to
Report PSD-078-18
1. Study Area 1 – Elgin Neighbourhood
1.1 The first area is within the Elgin neighbourhood from Fourth Street south to the
Canadian Pacific Rail line, West to Scugog Street and east to Liberty Street (see
Figure 1). The entire area is zoned “Urban Residential Type One (R1)” with the
exception of a convenience store at 29 Second Street, zoned “Neighbourhood
Commercial (C2) and 127 and 129 Elgin Street which are zoned “Urban
Residential Exception (R2-83)” to permit a single detached or bungaloft dwelling
with a maximum height of 6.5 metres.
Figure 1: Study Area 1 – Elgin Neighbourhood
1.2 There is a rezoning application subject to report PSD-064-18 for 92 Elgin Street
to rezone the lands to reduce the minimum lot frontage to 12.9 metres in order to
support the creation of an additional lot for a single detached dwelling with a
height of 10.5 metres or less. The existing dwelling would be demolished to
accommodate the new lot.
The site plan contained within Appendix “D” of the Planning Justification Report
indicates that the two proposed dwellings will be bungalows with accessory
apartments having a side yard setback of 3.0 metres on one side and 0.8 m on
the other.
1.3 Since January 2017, there have been a number of Land division applications
within Subject Area 1 creating 5 lots for single detached dwellings and 3 lots for
semi-detached dwellings (6 units). Two existing single detached dwellings will be
demolished to accommodate the revised lot fabric and new single detached
dwellings will be rebuilt in their place. To date only one building permit
application has been submitted to construct a semi-detached dwelling at 133
Scugog Street.
1.4 To address a resident’s concerns regarding on-street parking and public safety
on Lambs Lane, resolution #PD-233-17 required a setback of 9.8 metres to the
garage for all new dwellings constructed on Lambs Lane, north of Third Street.
This requirement is to be secured through the consent agreements.
2. Study Area 2 – Central Neighbourhood
2.1 The second area identified is within the Central neighbourhood south of the
Canadian Pacific rail line, Odell Street and Borland Court, west of Liberty Street
and north of the limits of the East Town Centre neighbourhood.
Figure 2: Study Area 2 – Central Neighbourhood
2.2 Between 2002 and 2005, the Municipality undertook Heritage Conservation
District Study for generally the same area. The heritage conservation district
status would have allowed for a greater control with binding guidelines for
redevelopment proposals which would necessitate a heritage permit for
construction. With the exception of Beech Avenue, the initiative was opposed by
many residents and thus zoning regulations remain the primary mechanism for
regulating redevelopment.
2.3 This area is primarily zoned “Urban Residential Type One (R1)” north of
Wellington Street and “Urban Residential Exception (R1-12)” along Wellington,
Church, George, Ontario and Brown Streets. The R1-12 zone permits converted
dwellings in addition to the balance of the uses permitted in the “Urban
Residential Type One (R1)” zone. Converted dwellings are single detached
dwellings that have been “converted” into apartment units prior to 1984. There
are two exceptions for Long Term Care facilities located at 26 Elgin Street
(Marnwood Life Care Centre) and 106 Church Street (Clarington Manor). There
is also an exception for a Funeral Services Establishment at 53 Division Street
(Northcutt Elliot Funeral Home). All of the exception zones permit the uses in
addition to all of the uses permitted in the “Urban Residential Type One (R1)”
zone.
2.4 A Land Division application has been submitted to create 2 lots for single
detached dwellings at 26 Concession Street West. This application was
approved on August 13, 2018. The conditions of approval require architectural
and urban design review in accordance with the Old Bowmanville (North Ward)
Heritage Guidelines (April 2006). The vistas and views to and from the heritage
home and the character of the surrounding neighbourhood must be maintained.
In addition, dwellings are required to adhere to the following regulations:
14 metre front yard setback to dwelling and garage
9 metre rear yard setback
4.5 metre west side yard setback on east lot
6 metre west side yard setback to accessory building on east lot
6 metre east side yard setback to accessory building on west lot
Maximum height 8 metres with a compatible pitch and design for existing
house. Pitch no greater than 7/12
Attached garage limited to single car door located no closer to the front
property line than the dwellings first floor front wall or covered porch
projection.
3. Study Area 3 – Memorial Neighbourhood
3.1 The third area is within the Memorial neighbourhood south of the limits of the
East Town Centre neighbourhood, west of Liberty Street to Baseline Road, East
of the Bowmanville Creek, excluding the former Goodyear plant and the
subdivision south of it and west of Hunt Street. This subject area excludes
Memorial Park, commercial uses and apartment buildings located along Liberty
Street.
Figure 3: Study Area 3 – Memorial Neighbourhood
3.2 This area is primarily zoned “Urban Residential Type One (R1)”. The properties
on the north side of Queen Street are zoned “Urban Residential Exception (R1-
12)” west of Ontario Street. This zone permits converted dwellings in addition to
the balance of the uses permitted in the “Urban Residential Type One (R1)”
zone. There is an exception for a triplex at 10 Argyle. An apartment is zoned
“Urban Residential Type Four (R4)” at 81 Ontario Street and there is a
convenience store zoned “Neighbourhood Commercial (C2) at 87 Ontario Street.
There is an exception for existing single detached dwellings located at 54 and 56
Duke Street with a lot frontage of 9.45 m, front yard setback of 4.25 metres and
an interior side yard setback of 0.9 m with an attached garage or carport, and 2.8
m on the side without an attached garage or carport.
3.3 Since January 2017 Land Division applications have created 2 single detached
dwelling lots and 5 semi-detached dwelling lots (10 units). Two single detached
dwellings will be demolished to accommodate the new lot fabric and new
dwellings will be constructed to replace them. Building permit applications have
been submitted for one single detached dwelling and three semi-detached
dwellings (6 units). The semi-detached dwellings have each been designed to
accommodate an apartment-in-house.
Attachment 2 to
Report PSD-078-18
Municipality of Clarington Comprehensive Zoning By-Law Review
Residential Neighbourhood Character Study –
Terms of Reference Outline
Study Area:
Three specific residential neighbourhood areas have been identified as the study area.
These were broadly identified by Staff based on a preliminary, desktop review of
established neighbourhood areas in Clarington and consideration of residential
intensification concerns that have been raised by Clarington Council and the public.
The study area is subject to Interim Control By-law XXX-2018, approved by Council
[DATE].
Objectives:
To confirm and/or refine the study area boundaries.
To identify and evaluate the physical character within the study area.
To identify the key impacts of residential intensification occurring within the study
area that are concerning to residents.
To recommend appropriate Official Plan policies, zoning regulations and other
implementation tools that may be applied to appropriately guide and manage new
development in the study area, ensuring that it respects and complements this
character into the future.
Scope of Work:
1) Background research
a. Review of the Clarington Official Plan, development guidelines, Zoning By-law
84-63, properties designated under the Ontario Heritage Act and properties of
heritage interest, and other relevant studies (e.g. heritage conservation district
study) and staff reports.
b. Review of relevant regional and provincial policy, the Planning Act and
specifically municipal authority to regulate character through zoning, site plan,
and subdivision.
2) Existing character assessment
a. Confirm whether the initial character area boundaries identified by Staff are
appropriate, or whether they need to be adjusted.
b. Assess the character, context, scale and architectural style of the study area to
identify specific and unique qualities and characteristics.
c. Evaluation of the physical changes occurring within the study area based on a
review of recent building permit, land division, minor variance, and other
development application data.
d. Observations on opportunities for potential infill, severance and redevelopment
in the study area.
3) Best practices review
4) Public consultation to present and seek comment on the results of 1) – 3) and to
identify key issues regarding intensification that are of concern to residents.
5) Assessment and evaluation of planning options and strategy development.
6) Recommendation of preferred options and implementation plan
7) Prepare:
a. Residential Neighbourhood Character Study report
b. Neighbourhood character statement(s) for the study area that will serve to
guide the design of new development
\\netapp5\group\planning\^department\ldo new filing system\pln files\pln 40 2016-2018 zoning by-law review\character study\nc
tor\ncs tor_draft outline 20180813.docx
Attachment 3 to
Report PSD-078-18
Corporation of the Municipality of Clarington
By-law Number 2018-______
being an Interim Control By-law passed pursuant to section 38 of the Planning
Act, R.S.O. 1990, c. P.13, as amended.
WHEREAS staff prepared Report PSD-078-18 identifying the need to undertake a review
or study of the land use planning regulations respecting the area shown as “Area Subject
To Interim Control By-Law” on the map contained in Schedule “A” hereto, and
recommending that the review or study of land use planning policies be undertaken;
WHEREAS at its meeting on September 17, 2018, Council directed staff to undertake the
review or study of land use planning policies for the area shown as “Area Subject To
Interim Control By-Law” shown on the map contained in Schedule “A” hereto;
WHEREAS Council deems it expedient to pass an Interim Control By-law under Section
38 of the Planning Act, R.S.O. 1990, c.P.13, as amended applicable to the are shown as
the “Area Subject To Interim Control By-Law” shown on the map contained in Schedule
“A” hereto;
NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington
hereby enacts as follows:
1. The use of land, buildings or structures located within the area shown as “Lands
To Which This By-law Applies” on the map contained in Schedule “A” attached to
and forming part of this By-law, is prohibited, except a use for one or more of the
following purposes:
a. An existing legally established use permitted by By-law No. 84-63, as
amended, on the day immediately prior to the date of passing of this By-
law;
b. An addition to an existing dwelling that does not alter street façade and
does not exceed:
i) 25% or more of the total floor area of the dwelling that existed on
the same lot on the date of passage of this by-law;
ii) A height of 8 metres;
iii) A roof pitch minimum of 4/12 and a maximum of 7/12.
iv) A lot coverage of 35%
c. Accessory buildings and structures provided they comply with the
provisions of Section 3 of Zoning By-law 84-63;
d. An apartment-in-house provided for new apartments-in-houses:
i) Access is provided through a shared common entrance with the
principal dwelling use, or through an entrance within the interior side
yard or rear yard; and
ii) Provided that it complies with the parking requirements of Section 3
of the By-law and that the total driveway on the lot is less than 50%
of the lot width.
e. A home occupation in accordance with the provisions of Section 3.11 of
this By-law, save and except the retail sale of antiques, arts, crafts or
hobby items.
2. The following provides a list of exceptions to the provisions of Section 1 of this by-
law:
a. An Apartment-in-house in accordance with Section 3.2 of Zoning By-law
84-63, where access is provided through a separate front entrance from
the principal dwelling use located at each of 129 and 131 Ontario Street;
b. A new single detached dwelling at 129 Elgin Street in accordance with the
“Urban Residential Exception (R2-83)” zone.
c. Two new single detached dwellings located at 26 Concession Street West,
in accordance with the regulations contained in the conditions of approval
for LD 2018/003 & LD 2018/004.
d. New single detached dwellings subject to the regulations contained in
Section 2 f. of this By-law and located at:
i) 47 Second Street, Bowmanville
ii) 73 Lambs Lane
iii) A total of 3 single detached dwellings 60 & 66 Lambs Lane in
accordance with LD2017/143-146
iv) 115 Duke Street
v) 112 Duke Street in accordance with LD2017/187 & 188
vi) 75 Duke Street
e. New semi-detached dwellings subject to the regulations contained in
Section 2 f. of this By-law and located at:
i) 69 Lambs Lane
ii) 132A Elgin Street
iii) 112 Duke Street in accordance with LD2017/187 & 188
f. Regulations for new dwellings listed under subsections e. and f:
i) Maximum lot coverage 35%
ii) Maximum height 8 metres
iii) Minimum interior side yard setback with an
attached garage 1.2 metres
iv) Minimum interior side yard setback without an
attached garage 1.2 metres on one side,
4.5 metres on the other
v) Minimum roof pitch 4/12
vi) Maximum roof pitch 7/12
g. An addition to a single detached dwelling located at 79 Division Street with
a maximum lot coverage of 43% in accordance with approved Minor
Variance Application A2016-0032.
2. This By-law is not applicable to applications for building permits submitted prior to
the effective date of this By-law. Schedule ‘A’ attached hereto shall form part of
this By-law.
3. This By-law shall be in effect for a period of 1 year from the date of its passage.
By-Law passed in open session this 17th day of September, 2018.
__________________________
Adrian Foster, Mayor
__________________________
C. Anne Greentree, Municipal Clerk
i:\^department\ldo new filing system\pln files\pln 8 other by-laws\pln 8.6 interim control by-law\pln 8.6.1 residential neighbourhood
character study\attachment 3 to psd-078-18 by-law (av).docx