HomeMy WebLinkAbout2008-065
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-065
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 Municipality of
Clarington for ZBA 2007-0015;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule 12.2 "SPECIAL EXCEPTIONS-URBAN RESIDENTIAL TYPE (R1)
ZONE" is hereby amended by adding new Special Exceptions as follows:
"SECTION 12.4.70 URBAN RESIDENTIAL EXCEPTION (R1-70) ZONE
Notwithstanding Sections 12.1 a); 12.2 a); b); c); d) i, ii), iii); f); h); and i) ii) those
lands zoned R1-70 on the Schedules to this By-law shall only be used for single
detached dwellings, subject to the following regulations:
a)
Lot Area (minimum)
i) Interior
450 square metres
b)
Frontage (minimum)
i) Interior
ii) Exterior
15.0 metres
18.0 metres
c)
Yard Requirements (minimum)
i) Front Yard
6.0 metres to private
garage or carport;
4.0 metres to front wall;
2.0 metres to porch
ii)
Exterior Side Yard
6.0 metres to private
garage or carport;
4.0 metres to front wall;
2.0 metres to porch
iii)
Interior Side Yard
1.2 metres with private
garage or carport;
Without private garage
or carport 1 .2 metres on one
side, 3.0 metres on the other
d)
Lot Coverage (maximum)
i) 1 Storey
a) Dwelling
b) Total of Buildings and Structures
50 percent
55 percent
ii)
All other residential units
a) Dwelling
b) Total of all buildings and structures
40 percent
45 percent
e)
Height (maximum)
i) 1 Storey dwelling
ii) All other residential units
8.5 metres
10.5 metres
f) Garage Requirements
i) All garage doors shall not be located any closer to the street line
than the dwellings front wall or exterior side wall
SECTION 12.4.72 URBAN RESIDENTIAL EXCEPTION (R1-72) ZONE
Notwithstanding Section 12.1 a); 12.2 a); b); c); d) i, ii). iii); f) and i) those lands
zoned R1-72 on the Schedules to this By-law shall only be used for a semi-
detached dwelling, subject to the following regulations:
a) For the purposes of this Section, the term
"Dwelling, Semi-Detached"
means a building separated vertically into two separate dwelling units,
connected by a common wall, each of which has an independent entrance
directly from the outside of the building and each of which is located on a
separate lot.
b)
Lot Area (minimum)
i) Interior
540 square metres
c)
Lot Frontage (minimum)
i) Interior
ii) Exterior
18.0 metres
21.0 metres
d)
Yard Requirements (minimum)
i) Front Yard
6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
ii)
Exterior Side Yard
6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
iii)
Interior Side Yard
1.2 metres with private
garage or carport;
Without private garage
or carport 3.0 metres
e)
Lot Coverage (maximum)
i) Dwelling
ii) Total of Buildings and Structures
40 percent
45 percent
f) Garage Requirements
i) All garage doors shall not be located any closer to the street line
than the dwellings front wall or exterior side wall or covered porch
projection."
2. Section 13.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE (R2)
ZONE" is hereby amended by adding thereto new Special Exceptions as follows:
"SECTION 13.4.53 URBAN RESIDENTIAL EXCEPTION (R2-53) ZONE
Notwithstanding Sections 13.2 a); b); c) i), ii), iii), e) and h) those lands zoned
R2-53 on the Schedules to this By-law shall be subject to the following
regulations:
a)
Lot Area (minimum)
300 square metres
b)
Lot Frontage (minimum)
i) I nterior Lot
ii) Exterior Lot
10 metres
13.0 metres
c)
Yard Requirements
i) Front Yard
6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
ii)
Exterior Side Yard
6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
iii)
Interior Side Yard
With private garage or
carport 1 .2 m on one side;
0.6 metres on the other side;
Without private garage or 3.0
metres on one side 0.6 metres
on the other side
d)
Lot Coverage (maximum)
i) Dwelling
ii) Total of all Buildings and Structures
40 percent
45 percent
e)
Driveway width (maximum)
4.6 metre
f) Garage Requirements
i) All garage doors shall not be located any closer to the street line
than the dwellings front wall or exterior side wall or covered porch
projection.
ii) The outside width of the garage shall be a maximum of 40% of the
width of the house.
g) In addition to the regulations of Section 3.11 with respect to the removal of
the "Holding (H)" symbol, Council shall only enact a by-law to remove the
Holding (H) symbol from the lands zone (H)R2-53 on Schedule 1 to this
By-law located within 70 metres of the boundary of lands identified by roll
number 18-17-010-080-15900, at such time as:
i) the "Motor Vehicle Wrecking Yard" use of the lands identified as
18-17-010-080-15900 has ceased;
ii) the vehicles and motor vehicles parts on the lands identified as 18-
17-010-080-15900 has been removed from the property; and
iii) a Record of Site Condition has been submitted for said lands zoned
(H)R2-53.
SECTION 13.4.54 URBAN RESIDENTIAL EXCEPTION (R2-54) ZONE
Notwithstanding Sections 13.2 a); b); c) i), ii), iii), e) and h) and those lands
zoned R2-54 on Schedules to this By-law shall be subject to the following
regulations:
a)
Lot Area (minimum)
330 square metres
b)
Lot Frontage (minimum)
i) Interior Lot
ii) Exterior Lot
11 metres
14 metres
c)
Yard Requirements
i) Front Yard
6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
ii)
Exterior Side Yard
6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
iii)
Interior Side Yard
With private garage or
carport 1.2 m on one side;
0.6 metres on the other side;
Without private garage or 3.0
metres on one side 0.6 metres
on the other side
d)
Lot Coverage (maximum)
i) Dwelling
ii) Total of all Building and Structures
40 percent
45 percent
e) Garage Requirements
i) All garage doors shall not be located any closer to the street line
than the dwellings front walls or exterior side wall or covered porch
projection.
ii) The outside width of the garage shall be a maximum of 40% of the
width of the house.
f) In addition to the regulations of Section 3.11 with respect to the removal of
the "Holding (H)" symbol, Council shall only enact a by-law to remove the
Holding (H) symbol from the lands zone (H)R2-54 on Schedule 1 to this
By-law located within 70 metres of the boundary of lands identified by roll
number 18-17-010-080-15900, at such time as:
i) the "Motor Vehicle Wrecking Yard" use of the lands identified as
18-17 -01 0-080-15900 has ceased;
ii) the vehicles and motor vehicles parts on the lands identified as 18-
17 -010-080-15900 has been removed from the property; and
iii) a Record of Site Condition has been submitted for said lands zoned
(H)R2-54.
SECTION 13.4.55 URBAN RESIDENTIAL EXCEPTION (R2-55) ZONE
Notwithstanding 13.2 a); c) i), ii), iii), e); g); and h) those lands zoned R2-55 on
the Schedules to this By-law shall be used subject to the following regulations:
a)
Lot Area (minimum)
360 square metres
b)
Yard Requirements
i) Front Yard
6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
ii)
Exterior Side yard
6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
iii)
Interior Side Yard
With private garage or
carport 1.2 m;
Without private garage or 3.0
metres on one side 1.2 metres
on the other side
c)
Lot Coverage (maximum)
i) 1 Storey
a) Dwelling
b) Total of Buildings and Structures
50 percent
55 percent
ii)
All other residential units
a) Dwelling
b) Total of all Building or Structures
40 percent
45 percent
d) Garage Requirements
i) All garage doors shall not be located any closer to the street line
than the dwellings front wall or exterior side wall.
e)
Height (maximum)
i) 1 Storey dwelling
ii) All other residential units
8.5 metres
10.5 metres
f) In addition to the regulations of Section 3.11 with respect to the removal of
the "Holding (H)" symbol, Council shall only enact a by-law to remove the
Holding (H) symbol from the lands zone (H)R2-55 on Schedule 1 to this
By-law located within 70 metres of the boundary of lands identified by roll
number 18-17-010-080-15900, at such time as:
i) the "Motor Vehicle Wrecking Yard" use of the lands identified as 18-
17-010-080-15900 has ceased;
ii) the vehicles and motor vehicles parts on the lands identified as 18-
17-010-080-15900 has been removed from the property; and
iii) a Record of Site Condition has been submitted for said lands zoned
(H)R2-5.
SECTION 13.4.56 URBAN RESIDENTIAL EXCEPTION (R2-56) ZONE
Notwithstanding Sections 13.2 a); b); c) i), ii), Iii), e); g); and h) those lands zoned
R2-56 on the Schedules to this By-law shall be subject to the following
regulations:
a)
Lot Area (minimum)
405 square metres
b)
Lot Frontage (minimum)
i) Interior Lot
13.5 metres
ii)
Exterior
16.5 metres
c)
Yard Requirements
i) Front Yard
6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
ii)
Exterior Side Yard
6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
Hi)
Interior Side Yard
With private garage or
carport 1.2 m;
Without private garage or 3.0 metres on
one side 1.2 metres on the other side
d)
Lot Coverage (maximum)
i) 1 Storey
a) Dwelling
b) Total of Buildings and Structures
50 percent
55 percent
ii)
All other residential units
a) Dwelling
b) Total of all Buildings and Structures
40 percent
45 percent
e)
Height (maximum)
i) 1 Storey dwelling
ii) All other residential units
8.5 metres
10.5 metres
f) Garage Requirements
i) All garage doors shall not be located any closer to the street line
than the dwellings front wall or exterior side wall.
g) In addition to the regulations of Section 3.11 with respect to the removal of
the "Holding (H)" symbol, Council shall only enact a by-law to remove the
Holding (H) symbol from the lands zone (H)R2-56 on Schedule 1 to this
By-law located within 70 metres of the boundary of lands identified by roll
number 18-17-010-080-15900, at such time as:
i) the "Motor Vehicle Wrecking Yard" use of the lands identified as
18-17-010-080-15900 has ceased;
ii) the vehicles and motor vehicles parts on the lands identified as 18-
17-010-080-15900 has been removed from the property; and
iii) a Record of Site Condition has been submitted for said lands zoned
(H)R2-56.
SECTION 13.4.57 URBAN RESIDENTIAL EXCEPTION (R2-57) ZONE
Notwithstanding Sections 13.2 a): b); c) i), ii), iii), e) and h) those lands zoned
R2-57 on the Schedules to this By-law shall be subject to the following
regulations:
a)
Lot Area (minimum)
275 square metres
b)
Lot Frontage (minimum)
i) Interior Lot
ii) Exterior Lot
10 metres
13.0 metres
c)
Yard Requirements
i) Front Yard
6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
ii)
Exterior Side Yard
6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
iii)
Interior Side Yard
With private garage or
carport 1.2 m on one side;
0.6 metres on the other side;
Without private garage or 3.0
metres on one side 0.6 metres
on the other side
d)
Lot Coverage (maximum)
i) Dwelling
ii) Total of all Buildings and Structures
40 percent
45 percent
e) Garage Requirements
i) All garage doors shall not be located any closer to the street line
than the dwellings front wall or exterior side wall or covered porch
projection.
ii) The outside width of the garage shall be a maximum of 40% of the
width of the house.
f)
Driveway width (maximum)
4.6 metre
g) In addition to the regulations of Section 3.11 with respect to the removal of
the "Holding (H)" symbol, Council shall only enact a by-law to remove the
Holding (H) symbol from the lands zone (H)R2-57 on Schedule 1 to this
By-law located within 70 metres of the boundary of lands identified by roll
number 18-17-010-080-15900, at such time as:
i) the "Motor Vehicle Wrecking Yard" use of the lands identified as
18-17 -01 0-080-15900 has ceased;
ii) the vehicles and motor vehicles parts on the lands identified as 18-
17-010-080-15900 has been removed from the property; and
iii) a Record of Site Condition has been submitted for said lands zoned
(H)R2-57."
3. Section 14.6 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE (R3)
ZONE" is hereby amended by adding thereto new Special Exceptions as follows:
"SECTION 14.6.31 URBAN RESIDENTIAL EXCEPTION (R3-31) ZONE
Notwithstanding Sections 3.16 i), iv); 14.1; 14.2; 14.3 a), b), c) i), ii), Iii) 14.4 a),
14.4 b) 14.4 c) i), ii) iii); 14.4 g), and 14.4 h) those lands zoned R3-31 shall only
be used for an apartment building, link townhouse dwellings, stacked townhouse
dwellings, or street townhouse dwellings, subject to the following regulations:
a) For the purposes of this Section, the term
"Dwelling, Stacked Townhouse"
Shall mean one of a group of three or more dwelling units which are
separated vertically and/or horizontally, provided that each dwelling unit
has a separate entrance and fronts either on an improved public street or
on a private street.
b) Street Townhouse dwelling yards shall be permitted as follows:
i)
Lot Area (minimum)
210 square metres
ii)
Lot Frontage (minimum)
a) Interior Lot
b) Exterior Lot
7.0 metres
11.0 metres
iii) For the purposes of this zone, the lot line dividing the lot from
Concession Road 3 shall be deemed the front lot line;
iv) For the purposes of this zone, the lot line dividing the lot from
Middle Road shall be deemed the exterior lot line;
v) Front Yard a minimum width of 4.0 metres and a maximum width of
6.5 metres;
vi) Interior Side Yard 1.2 metre, except (i) where a building has a
common wall with a building on an adjacent lot located in the R3-31
zone, in which case no interior side yard is required, and (ii) where
the lot line is also the boundary of a different zone, in which case
an interior side yard of 1.2 metres wide is required;
vii) Exterior Side Yard minimum width of 4.0 metres and a maximum
width of 6.5 metres;
viii) Rear Yard (minimum)
7.5 metres
c) Link townhouse dwellings or stacked townhouse dwellings shall be
permitted as follows:
i)
Density (maximum)
45 units per ha
ii)
Lot Area (minimum)
1.0 ha
iii) For the purposes of this zone, the lot line dividing the lot from
Concession Road 3 shall be deemed the front lot line;
iv) For the purposes of this zone, the lot line dividing the lot from
Middle Road shall be deemed the exterior lot line;
v) Front Yard a minimum width of 4.5 metres and a maximum width of
6.5 metres;
vi)
Interior Side Yard (minimum)
4.5 metres
vii) Exterior Side Yard a minimum width of 4.5 metres and a maximum
width of 6.5 metres; and
viii) Rear Yard (minimum)
7.5 metres
ix) Building Height (maximum)
a)
b)
Link townhouse dwellings
stacked townhouse dwellings
10.5 metres
12.0 metres
x) no parking spaces shall be located in any yard between a dwelling
and a lot line dividing the lot from an improved public street.
d) The following stacked townhouse dwellings regulations shall be provided:
i)
Dwelling Unit Area (minimum)
85 square metres
ii)
Lot Coverage (maximum)
45 percent
iii)
Landscaped Open Space (minimum)
40 percent
iv)
Building Height (maximum)
12 metres
e) Apartment building shall be permitted as follows:
i)
Density (maximum)
45 units per ha
ii)
Lot Area (minimum)
1.0 ha
iii) For the purposes of this zone, the lot line dividing the lot from
Concession Road 3 shall be deemed the front lot line;
iv) For the purposes of this zone, the lot line dividing the lot from
Middle Road shall be deemed the exterior lot line;
v) Front Yard a minimum width of 4.5 metres and a maximum width of
7.5 metres
vi) Exterior Side Yard a minimum width of 4.5 metres and a maximum
width of 7.5 metres
vii) Interior Side Yard (minimum)
7.5 metres
viii) Rear Yard (minimum)
7.5 metres
ix) Dwelling Unit Area (minimum)
a) Bachelor Dwelling Unit 40 square metres;
b) One Bedroom Dwelling Unit 55 square metres;
c) Two Bedroom Dwelling Unit 70 square metres; and
d) Dwelling Unit Containing Three or more bedrooms 80 square
metres plus 7 square metres for each bedroom in excess of
three.
x)
Lot Coverage (maximum)
45 percent
xi)
Landscaped Open Space (minimum)
40 percent
xii)
Building Height (maximum)
12 metres
xiii) no parking spaces shall be located in any yard between a dwelling
and a lot line dividing the lot from an improved public street.
f) In addition to the regulations of Section 3.11 with respect to the removal of
the "Holding (H)" symbol, Council shall only enact a by-law to remove the
Holding (H) symbol from the lands zone (H)R-31 on Schedule 1 to this By-
law located within 70 metres of the boundary of lands identified by roll
number 18-17-010-080-15900, at such time:
i) the "Motor Vehicle Wrecking Yard" use of the lands identified as
18-17-010-080-15900 has ceased;
ii) the vehicles and motor vehicles parts on the lands identified as 18-
17 -010-080-15900 has been removed from the property; and
iii) a record of site condition has been submitted for said lands zoned
(H)R3-31.
"SECTION 14.6.32 URBAN RESIDENTIAL EXCEPTION (R3-32) ZONE
Notwithstanding Sections 14.1; 14.2; 14.3 a), b), c); and 14.4 shall only be used
for street townhouse dwellings, subject to the following regulations:
a)
Lot Area (minimum)
190 square metres
b)
Lot Frontage (minimum)
i) Interior Lot
ii) Exterior Lot
7.0 metres
11.0 metres
c)
Yard Requirements
i) Front Yard
6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
ii)
Exterior Side Yard
6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
iii)
Interior Side Yard
1.2 metres;
nil where a building has
a common wall with any
building on an adjacent
located in a R3-32 zone
d) In addition to the regulations of Section 3.11 with respect to the removal of
the "Holding (H)" symbol, Council shall only enact a by-law to remove the
Holding (H) symbol from the lands zone (H)R3-32 on Schedule 1 to this
By-law located within 70 metres of the boundary of lands identified by roll
number 18-17-010-080-15900, at such time as:
i) the "Motor Vehicle Wrecking Yard" use of the lands identified as
18-17-010-080-15900 has ceased;
ii) the vehicles and motor vehicles parts on the lands identified as 18-
17-010-080-15900 has been removed from the property; and
iii) a Record of Site Condition has been submitted for said lands zoned
(H)R3-32.
5. Schedule "1" to By-law 84-63 as amended, is hereby further amended by changing
the zone designation from:
"Agricultural (A)" to "Urban Residential (R1) Zone"
"Agricultural (A)" to "Holding - Urban Residential Exception ((H)R1-70) Zone"
"Agricultural (A)" to "Holding - Urban Residential Exception ((H)R1-72) Zone"
"Agricultural (A)" to "Holding - Urban Residential Exception ((H)R2-53) Zone"
"Agricultural (A)" to "Holding - Urban Residential Exception ((H)R2-54) Zone"
"Agricultural (A)" to "Holding - Urban Residential Exception ((H)R2-55) Zone"
"Agricultural (A)" to "Holding - Urban Residential Exception ((H)R2-56) Zone"
"Agricultural (A)" to "Holding - Urban Residential Exception ((H)R3-31) Zone"
"Agricultural Exception (A-1)" to "Environmental Protection (EP)"
"Agricultural Exception (A-1)" to "Urban Residential (R1) Zone"
"Agricultural Exception (A-1)" to "Urban Residential Exception (R 1-42) Zone"
"Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R 1-
70) Zone"
"Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R1-
72) Zone"
"Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R2-53)
Zone"
"Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R2-54)
Zone"
"Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R2-
55) Zone"
"Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R2-56)
Zone"
"Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R2-57)
Zone"
"Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R3-31)
Zone"
"Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R3-32)
Zone"
6. Schedule "A" attached hereto shall form part of this By-law.
7. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 and 36 of the Planning Act.
BY-LAW read a first time this 21st day of April, 2008
BY-LAW read a second time this 21st day of April, 2008
BY-LAW read a third time and finally passed this 21st day of April, 2008
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This is Schedule
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2008- 065
2008 A.D.
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Schedule "A" Zoning Legend
~/A Zoning Change From "A" To "R1"
k::::::::::/:::::::::I Zoning Change From"A" To "(H)R1-70"
l1li Zoning Change From "A" To "(H)R1-72"
~t)-^-~ Zoning Change From "A" To "(H)R2-53
B8888l Zoning Change From "A" To "(H)R2-54"
~ Zoning Change From "A" To "(H)R2-55"
~ Zoning Change From "A" To "(H)R2-56"
': ': ': ': ': Zoning Change From "A" To "(H)R3-31"
_ Zoning To Remain "A-1"
~:;.'..;'>~I Zoning Change From "A-1" To "EP"
f;7 /~ Zoning Change From "A-1" To "R1"
~ Zoning Change From "A-1" To "R1-42"
k:::::::::::::::1 Zoning Change From "A-1" To "(H)R1-70"
!!III Zoning Change From "A-1" To "(H)R1-72"
~O^-0j Zoning Change From "A-1" To "(H)R2-53"
~Zoning Change From "A-1" To "(H)R2-54"
~Zoning Change From "A-1" To "(H)R2-55"
~Zoning Change From "A-1" To "(H)R2-56"
Ell Zoning Change From "A-1" To "(H)R2-57"
: ': ': ': ': I Zoning Change From "A-1" To "(H)R3-31"
I~ + ~ + ~ I Zoning Change From "A-1" To "(H)R3-32"
- - - 70m Buffer