HomeMy WebLinkAbout96-47 Ift vwLsMIAM 2
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 96-47
being a By-Law to amend By-Law 84-63, the Comprehensive
By-Law for the former Town of Newcastle.
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 application DEV 95-064 to permit a 3,085 m2 theatre,
with a video arcade.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 16.5 "Special Exceptions - General Commercial (C) Zone" is hereby
amended by adding thereto, the following new Special Exception 16.5.16 as
follows:
16.5.16 GENERAL COMMERCIAL EXCEPTION (C1-16) ZONE:
Notwithstanding Sections 16.1 and 16.3, those lands zoned (C1-16) shown on the
map contained in Schedule "A" to this By-Law shall only be used and any
buildings or structures thereon shall only be constructed and used in accordance
with the following zone definitions and regulations:
a) Definitions
i) Business establishment
Shall mean a building which contains any one or more of a
retail/commercial establishment, a department store, a general
merchandise store, a retail warehouse, a personal service shop, a
business, professional or administrative office, a financial office or
a place of entertainment whether or not the building is part of a
shopping centre.
ii) Business establishment facade
Shall mean the portion of the exterior wall located between finished
grade and the level which is 3 metres above finished grade of a
business establishment which wall faces either an existing street or
a proposed street shown on the Plan contained in aforesaid
Schedule "A".
iii) Street-related entrance
Shall mean one of the principal entrances to each business
establishment with a minimum height of 2.1 metres and a minimum
width of 0.9 metres located in part in the business establishment
facade which is at or within 0.2 metres above or below finished
grade, which entrance shall be recessed from the business
establishment facade a minimum of 1.0 metre.
iv) Easterly streetline of proposed Clarington Boulevard
Shall mean the line separating Part 11 from Part 8 on a plan survey
of record deposited in the Land Registry Office for the Land Titles
Division of Durham (No. 40) as Reference Plan 40R-16730.
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v) Landscaping Strip
Shall mean an area of land used for any one or more of the planting
of trees, shrubs, flowers, grass or other horticultural elements, such
as decorative stonework, fencing or screening.
b) Permitted Residential Uses
No residential dwelling units are permitted to be constructed or used.
c) Permitted Non-Residential Uses
A maximum of 3,085 square metres of leasable total floor area may be
constructed or used for the purposes of a theatre and video arcade,
provided that the video arcade does not exceed 55 square metres.
d) Regulations
i) location of any building
from northerly limit
of Highway No. 2 - a minimum of 3 metres and a
maximum of 11 metres
ii) location of any building from
northerly limit of the lands
zoned C1-16 as shown on the
aforesaid Schedule "A" - a maximum of 2 metres
iii) location of any building from
easterly limit of the lands
zoned C1-16 as shown on the
aforesaid Schedule "A" - a minimum of 8 metres
iv) landscaped open space - a minimum of 18 percent of the
lot area
v) height of buildings - a maximum of 12 metres
vi) the westerly business establishment facade of a theatre within
the C1-16 Zone shall be constructed at 2 metres from the
easterly streetline of proposed Clarington Boulevard,
provided that no more than 40% of the length of such facade
may be constructed up to 6 metres easterly of the easterly
streetline of proposed Clarington Boulevard.
vii) street-related entrances to a business establishments constructed
in the C1-16 Zone shall be constructed at a location in the business
establishment facade which faces the easterly streetline of proposed
Clarington Boulevard.
viii) a minimum of 10% of the business establishment facade for a
theatre shall be constructed of transparent glass.
r
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ix) number of loading spaces
required for a theatre - nil
x) number of parking spaces - 147 spaces
A) parking space size - 5.2 metres in length by
2.75 metres in width
provided that such space
is perpendicular to a
landscaping strip."
3. Schedule "3" to By-Law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Agricultural (A) Zone"to "General Commercial Exception (C1-16) Zone"as shown
on the attached Schedule "A" hereto.
4. Schedule "A" attached hereto shall form part of this By-Law.
5. Nothing herein is intended to or shall be deemed to derogate from the provisions
of By-law 94-16.
6. 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, R.S.O. 1990.
By-Law read a first time this 12th day of FEBRUARY 1996
By-Law read a second time this 12TH day of FEBRUARY 1996
By-Law read a third time and finally passed this 12THday of FEBRUARY 1996
MAYOR
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This is Schedule "A" to By—law 96— 47 ,
passed this 12TH day of FEBRU9RY 1996 A.D.
LOT 16 LOT 15
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N2T 40 42'00"E I 40R16730 PART 2
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