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HomeMy WebLinkAbout2008-093 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008- 093 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 2007-0016; 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 3.1 i, iii); 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 12.4.71 URBAN RESIDENTIAL EXCEPTION (R1-71) ZONE Notwithstanding Section 3.1 i, iii); 12.1 a); 12.2 a); b); c); d) i, ii), iii); f); h); and i) ii) those lands zoned R1-71 on the Schedules to this By-law shall only be used for single-detached dwellings, subject to the following regulations: a) b) c) Lot Area (minimum) i) Interior 540 square metres Lot Frontage (minimum) i) Interior ii) Exterior 18.0 metres 21.3 metres 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 1.2 metres on one side, 3.0 metres on the other iv) Rear Yard 8.5 metres 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 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. 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 3.1 i, iii); 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) b) c) Lot Area (minimum) 300 square metres Lot Frontage (minimum) i) Interior Lot ii) Exterior Lot 10 metres 13.0 metres 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 carport 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. SECTION 13.4.59 URBAN RESIDENTIAL EXCEPTION (R2-59) ZONE Notwithstanding Sections 3.1 i, iii); 13.2 a); b); c) i), ii), iii); e) and h) and those lands zoned R2-59 on Schedules to this By-law shall be subject to the following regulations: a) 330 square metres Lot Area (minimum) 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 carport; 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. SECTION 13.4.60 URBAN RESIDENTIAL EXCEPTION (R2-60) ZONE Notwithstanding 3.1 i, iii); 13.2 a); c) i), ii), Hi), e); g); and h) those lands zoned R2-60 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) a) b) All other residential units Dwelling Total of all Building or Structures 40 percent 45 percent d) e) 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 SECTION 13.4.62 URBAN RESIDENTIAL EXCEPTION (R2-62) ZONE Notwithstanding Sections 3.1 i, iii); 13.2 a); b); c) i), ii), iii), e); g); and h) those lands zoned R2-62 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 ii) Exterior 13.5 metres 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 iii) Interior Side Yard With private garage or carport 1.2 m; Without private garage or carport 3.0 metres on one side, 1.2 metres on the other 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 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 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); 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: i) "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. ii) "Landscaping Strip Easement" Shall mean an area of land used for anyone or more of the planting of trees, shrubs, flowers, grass or other horticultural elements, decorative stonework, paving, screening or other architectural elements which such land is subject to an easement. 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) 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 4.5 metres wide is required; v) Exterior Side Yard minimum width of 4.0 metres and a maximum width of 6.5 metres; vi) Setback from the limits of a Landscaping Strip Easement shall be a minimum of 2.0 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) Exterior Side Yard a minimum width of 4.5 metres and a maximum width of 6.5 metres; vii) Yard between the rear wall of the dwelling and a lot line other than a street line (minimum) 7.5 metres viii) Yard between the end wall of the town house block and a lot line other than a street line (minimum) 1.2 metres ix) Setback from the limits of a Landscaping Strip Easement shall be a minimum of 2.0 metres; x) Building Height (maximum) a) Link townhouse dwellings b) stacked townhouse dwellings 10.5 metres 12.0 metres xi) 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 additional regulations for stacked townhouse dwellings 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: v) vi) 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; Front Yard a minimum width of 4.5 metres and a maximum width of 7.5 metres; 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) Setback from the limits of a Landscaping Strip Easement shall be a minimum of 3.5 metres and a maximum width of 6.5 metres; x) 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. xi) Lot Coverage (maximum) 45 percent xii) Landscaped Open Space (minimum) 40 percent xiii) Building Height (maximum) 12 metres xiv) No parking spaces shall be located in any yard between a dwelling and a lot line dividing the lot from an improved public street. 4. Schedule "1" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "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 (R1-42) Zone" "Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R1- 70) Zone" "Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R1- 71) Zone" "Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R2-53) Zone" "Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R2-59) Zone" "Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R2- 60) Zone" "Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R2-62) Zone" "Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R3-31) Zone" 5. Schedule "A" attached hereto shall form part of this By-law. 6. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. BY-LAW read a first time this 26th day of May 2008 BY-LAW read a second time this 26th day of May 2008 BY-LAW read a third time and finally passed this 26th day of May 2008 ~)~ ~" i..." "~." ~."~a le,.M~;~P~1 Clerk ./ ". This is Schedule passed this 26th II A" to of By-law 2008- 093 2008 A.D. , day May , . .' < ....:.... ":4,:4; ::.,..~.\4!. U:'.~~4-':'t ;....~:.~<;.?...:..::':..:.~.~>.~.~~~ . ~.", : ..... . .~. . .\", ..~ ".:" ."~ .....:......~: ..... ," 4 ..... ::::i'" ~.: ~." ': ,:"" >. AGRJCUL rURAL Cl c3 a:: ~. 4,. ....~. :.~. :'.~:;..:J"' W ...J Cl Cl ::2: CONCESSION ROAD 3 L:',1 Zoning Change From "A-1" To "EP" 1):1 Zoning Change From "A-1" To "(H)R1-70" V.( ~ Zoning Change From "A-1" To "R1" f"Yv\.:1 Zoning Change From "A-1" To "(H)R1-71" Jr'i' ,r'r4 Zoning Change From "A-1" To "R1-42" t(o}:{q/ Zoning Change From "A-1" To "(H)R2-53" ~ Zoning Change From "A-1" To "(H)R2-59" ~ Zoning Change From "A-1" To "(H)R2-60" ~ Zoning Change From "A-1" To "(H)R2-62" Zoning Change From "A-1" To "(H)R3-31" Patti DARLINGTON