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HomeMy WebLinkAboutPSD-099-08 AddendumUNFINISHED BUSINESS CI~"111~o.I1 Leading the Way REPORT PLANNING SERVICES p ~ ~ _~ao-os Meeting: COUNCIL he5d~~-~°n1 ~-sai-as Date: Monday, October 27, 2008 Addendum to ~~ 6q Report #: PSD-099-08 File #: ZBA 2008-0004 By-law #: ~ g / Subject: ADDENDUM TO REPORT PSD-099-08 MUNICIPALITY OF CLARINGTON GENERAL AMENDMENT TO ZONING BY-LAW 84-83 REGARDING RECREATIONAL VEHICLE PARKING AND ACCESSORY BUILDINGS AND STRUCTURES RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD-099-08 and Addendum to PSD-099-08 be received; 2. THAT the application to amend the Municipality of Clarington Zoning By-law 84-63, as amended, be APPROVED and that the By-law as contained in Attachment 4 to PSD-099-08 be PASSED; 3. THAT the proposed changes to By-law 84-63 in regards to Aggregate Extraction Areas continue to be reviewed and an additional public meeting be scheduled; 4. THAT the Planning Services Department examine whether any changes are required to the Official Plan with respect to commercial recreational vehicle storage area uses outside of Industrial Areas in the Municipality of Clarington and report back within four weeks; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Reviewed b v Submitted by: Y~ D vid rome, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer TW/CP/sh/df October 21, 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 ADDENDUM TO REPORT NO.: PSD-099-08 1.0 1.1 PURPOSE PAGE 2 On October 14, 2008 Council tabled Report PSD-099-08 through Resolution C-491- 08. Discussions during the review of the report focused on the following: Nature of the complaints concerning recreational vehicles on private residential properties that led to the proposed by-law. How the proposed by-law would address this problem given legal non- conforming use provisions. 2.0 2.1 The purpose of this Addendum Report is to provide additional information on the above noted topics. THE PROBLEM The nature of the complaints received by Municipal Law Enforcement Services in regards to recreational vehicles are summarized as follows: Their appearance detracts from the neighbourhood and affects property value Large vehicles overhang the sidewalk creating an obstruction for pedestrians Larger vehicles obstruct vision exiting a driveway creating safety issues Trailers occupy parking spaces forcing cars to park on the road Large Recre2tional Vehicles block the view down the street from neighbouring windows 3.0 The proposed by-law is intended to address some of these issues with specific attention to larger recreational vehicles. LEGAL NON-CONFORMING USE 3.1 Legal Non-Confirming Use Status applies to the property due to the requirements for legal non-conforming uses, commonly referred to as `grandfathering'. A legal non-conforming use is a continued and uninterrupted use which does not meet the regulations contained in the Zoning By-law but lawfully existed on the day that the By-law was passed. The effectiveness of the proposed Zoning By-law amendment has been questioned Section 34 (9)(a) of the Planning Act prohibits municipalities from passing by-laws that would prevent the use of any land, building or structure if it was lawfully used for such a purpose on the day the of the passing of the by-law, as long as that use continues. In accordance with the Planning Act, Zoning By-law 84-63 contains a General Provision which states the following: ADDENDUM TO REPORT NO.: PSD-099-08 "3.7 a) Legally Non-Conforming Buildings Or Uses The provisions ~f this By-law shall not apply to prevent the use of any lot, building or structure for. any purpose prohibited by this By-law if such lot, building or structure was lawfully used for such purpose on the date of passing of this By-law, so long as it continues to be used for that purpose." PAGE 3 Due to the above regulations for legal non-conforming uses, the proposed By-law Amendment will not apply to those properties where it can be demonstrated that the lands had been used to park a recreational vehicle or trailer prior to the passing of the by-law so long as it complies with the Property Standards, Road Occupancy and Municipal Traffic By-laws. 3.2 Over Time those Prpperties with Legal Non-Conforming Status will disappear Legal non-conforming status is maintained by the continuous use of the property for that specific use without interruption. In many situations, this legal non-conforming status would be relatively stable and would take some time before the use is extinguished. For example, when a residential property is rezoned "Commercial", the owners of the house may continue to use it as a residence and in turn sell it to others, who can enjoy the legal non-conforming use. The proposed by-law for recreational vehicles focuses on eliminating the larger recreational vehiclesj(greater than 5.5 m in length and taller than 2.4 m in height) from driveways in urban residential zones. In the case of larger recreation vehicles, it is anticipated that in most cases the legal non-conforming status will be extinguished relatively quickly. As people move through their life cycle, they will have different recreational desires and thus, when the larger recreational vehicle is no longer used, the legal non-conforming status will be lost. In the case when a property is sold, the new owner would have to immediately occupy the property with a larger recreational vehicle to continue the legal non-conforming status. The following situations are examples of how the new zoning provisions would apply: Sitwation Applicability of Legal Non-Conforming Status At the present time, there is a smaller The property has no legal non-conforming recreational vehicle (such as a tent trailer or status at the date of the passing of the by- skidoo trailer) and the owner wants to buy a law. larger trailer or RV. There is a larger recreational vehicle and the Legal non-conforming status is extinguished owner sells it to a new owner who does not when the new owner takes possession of the have a larger recreational vehicle. property. The owner decides to store a larger Legal non-conforming status is extinguished recreational vehicle at a commercial storage when the larger recreational is moved off site. site. ADDENDUM TO REPORT NO.: PSD-099-08 PAGE 4 Situation Applicability of Legal Non-Conforming Status The owners of a house trailer or RV take a six The legal non-conforming status is not month holiday or the owners of a larger boat extinguished as a result of using the vehicle is moored in the water for the summer. for recreational purposes off-site since the intent for seasonal storage is maintained. The owners sell their larger recreational Legal non-conforming status is extinguished vehicle. A year later, they decide to purchase when the larger recreational is sold and another larger recreational vehicle. moved off site. The larger recreation vehicle has been stored The property does not have legal non- on site but due to its length, it extends out conforming status at the date of the passing over the sidewalk or onto the road allowance. of the by-law since it cannot be stored within the parking space and contravenes other municipal by-laws. 4.0 ALTERNATIVE REMEDIES As noted previously, some of the instances that staff reviewed are not simply a matter of zoning. Even if an owner attempts to claim a legal non-conforming status, they must also comply to other by-laws that the Municipality already has in place. Some of the larger recreational vehicles extend into the road allowance and possibly over a sidewalk. These do not comply with the Municipal Traffic By-law or the Road Occupancy By-law. Additionally, there may be some instances where recreational vehicles are not maintained or properly licensed and would not comply with the Property Standards By- law. Municipal Law Enforcement will continue to enforce the Municipal Traffic By-law, Road Occupancy By-law and Property Standards By-law on all situations. 5.0 CONCLUSION 5.1 While there are instances where the current concerns cannot be addressed because the owner(s) will enjoy legal non-conforming status after the proposed by-law is passed, over time these rights will be extinguished by virtue of non-continuous occupation of the lands by a larger recreation vehicle. Furthermore, the by-law would prevent an increase of the problem for other lands throughout the Municipality. This report is provided for. additional information for Council's consideration of Report PSD- 099-08. Attachments: Attachment 1 - PSD-099-08 ~Iar~tgton Leading tke Way Attachment No. 1 to Addendum to Report PSD-099-08 REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, October 6, 2008 Report #: PSD-099-08 File #: ZBA 2008-0004 By-law #: Subject: MUNICIPALITY OF CLARINGTON GENERAL AMENDMENT TO ZONING BY-LAW 84-63 REGARDING RECREATIONAL VEHICLE PARKING AND ACCESSORY BUILDINGS AND STRUCTURES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-099-08 be received; 2. THAT the application to amend the Municipality of Clarington Zoning By-law 84-63, as amended, be APPROVED and that the by-law as contained in Attachment 4 be PASSED; 3. THAT the proposed changes to By-law 84-63 in regards to Aggregate Extraction Areas continue to be reviewed and an additional public meeting be scheduled; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: David . Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed by. ~~~~...~ ~ Franklin Wu, Chief Administrative Officer T1N/CP/df/av 1 October 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L7C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-099-08 PAGE 2 1.0 BACKGROUND 1.1 On September 24, 2007, Council adopted a Resolution #C-488-07 directing staff to proceed with a Zoning By-law amendment allowing recreation vehicles to be parked within a garage; restrict the size and number of the recreational vehicles parked and/or stored on a residential property; and to provide limited timeframes for vehicles that are larger than a proposed size to be parked on a residential property. 1.2 The direction to regulate recreational vehicles was a result of resident complaints regarding the parking of recreational vehicles on private residential properties. Through the Clerk's Department investigation, it was determined that the most effective way to regulate recreational vehicle parking was by amending the Zoning By-law. 1.3 In addition to providing regulations for recreational vehicles and trailers, this amendment proposes a number of other changes to the Zoning By-law as follows: • Modifications to regulations for Accessory Buildings and Structures and Uses based on current trends in minor variance applications and changes brought forward by other local municipalities. 1:4 • A modification to the definition of cartage or transport depot is also contemplated. The proposed by-law contains the following key changes from the draft by-law presented in June. Recreational Vehicles: • The timeframe for parking of larger recreational vehicles in the driveway has been increased from 72 to 120 hours (3 to 5 days). • The number of recreational vehicles permitted to be stored in rural areas has been increased from 2 to 3. • A definition for "commercial" recreational vehicle storage has been added for future use in considering applications. Accessory Dwellings • The maximum floor area for accessory dwellings permitted in the rural area has been increased to 120 square metres for lots larger than 2 ha (5 acres). • Shipping/cargo containers have been defined in a manner to prevent them from being used as accessory structures. 2.0 PUBLIC SUBMISSIONS 2.1 Staff hosted a public information centre on June 12, 2008 to get feedback on the proposed Zoning By-law Amendment. The primary concerns noted by the public with the proposed modifications were: • Ensuring that existing trailers and recreational vehicles would be allowed to continue to be parked and stored on a property through grandfathering. REPORT NO.: PSD-099-08 PAGE 3 That 72 hours in any one month was not long enough to park oversized recreational vehicles on residential properties to prepare for and return from a trip. A suggestion was provided to allow for storage behind the front wall of a dwelling. This would permit storage of recreational vehicles on larger lots and corner lots in urban residential areas. • It was suggested that a maximum of three recreational vehicles or trailers be permitted to be parked or stored in the open in a rural residential or agricultural zone. 2.2 A statutory public. meeting was held on June 16, 2008. Two residents appeared regarding the draft proposal. One resident discussed the costs associated with legalizing outdoor storage facilities. The other resident was in favour of the proposal 2.3 Numerous general inquiries were received from the public. One gentleman indicated that he was happy with the proposed regulations for parking recreational vehicles in a driveway as his neighbour's motor home extends over the boulevard. Another gentleman suggested larger recreational vehicles and trailers be permitted in a driveway for one week per month rather than the proposed 72 hours. Many recreational vehicle owners called with concerns about being able to continue to park or store the vehicles on their property if a by-law is passed restricting them from doing so. These individuals were advised that if a by-law is passed and they can prove that they had used there property to park and/or store a recreational vehicle or trailer prior to the passing of the by-law then they will be able to continue the legal non- conforming use, provided that it complies with all other existing municipal by-laws. A resident had called with concerns about a neighbour who parks and repairs his snowmobiles and ATVs on his front yard. Although there are no provisions in the Zoning By-law to prevent such use, the resident was advised to contact By-law Enforcement as the neighbour may be in contravention with the Property Standards By- law. 2.4 A written submission was received in regards to a commercial storage facility for boats and recreational vehicles. The property owner outlined his displeasure with the planning process and associated fees involved in legitimizing his business. The property in question is not located in an appropriate Official Plan designation or Zone category to permit the outdoor storage use. There were also discussions on this topic during the General Purpose and Administrative Committee meeting. This topic will be discussed further in Section 4. 3.0 AGENCY COMMENTS 3.1 The proposed Zoning By-law Amendment was circulated to relevant agencies for comment. All comments provided by the Central Lake Ontario Conservation Authority, Ganaraska Region Conservation Authority, Region of Durham Planning Department, REPORT NO.: PSD-099-08 PAGE 4 Clarington By-law Enforcement Division and Clarington Building Division were addressed through adjustments to the proposed modifications. 3.2 The Clarington Engineering Services Department did not initially endorse the construction of an accessory building or structure with a setback of less than 1.2 metres. They were concerned that the reduced setback would cause difficulties for maintenance and would lead to modification of grading and drainage. Planning and Engineering Services staff discussed this concern and have concluded that the proposed 0.6 metre setback is appropriate. It was determined that the Site Alteration By-law (2008-114) requires property owners to maintain the grading and drainage on their property in a manner that will. not negatively affect adjoining properties. Planning Staff have agreed that all building permits for accessory buildings and structures will be stamped to advise property owners of their responsibility to maintain the grading and/or drainage of their property in accordance with the Site Alteration By- law. Staff will also inform the public when they inquire about the regulations for construction of accessory buildings and structures which may not require a building permit. 4.0 STAFF COMMENTS 4.1 Trailer and Recreational Vehicle Parking in Residential Zones 4.1.1 Through the public consultation process it was suggested that residents be permitted to park a recreational vehicle behind the front wall of a dwelling in urban residential zones. The proposal permits parking in both the side and rear yards provided the trailer or recreational vehicle does not exceed 6 metres in length or 2.9 metres in height. Typically the side yard begins at the front wall of the dwelling. There is no restriction on the size. of trailers or recreational vehicle in rural areas. 4.1.2 During the review of the application at the General Purpose and Administration Committee meeting on June 16~h, it was asked if the proposal would apply to commercial trailers.. The definition of "Trailer" currently contained in Zoning By-law 84-63 is: "Shall mean any vehicle that is designed to be drawn upon a highway by a motor vehicle, except an implement of husbandry, another motor vehicle or any device or apparatus not designed to transport persons or property temporarily drawn, propelled or moved upon such highway. A trailer shall be considered a vehicle and not part of the motor vehicle by which it is drawn, and, for the purposes of this By-law does not include a mobile home as defined herein." In accordance with this definition the proposed regulations would apply to commercial trailers. However, the restriction on parking in the driveway would only apply if it is longer than 5.5 metres or higher than 2.4 metres. REPORT NO.: PSD-099-08 PAGE 5 4.1.3 Through the public consultation process, some recreational vehicle owners questioned why the Municipality was proposing to regulate parking and storage of their vehicles. The issue has been a source of resident's complaints. As a result, Council directed the Planning Services Department to formulate regulations to deal with recreational vehicles on residential properties. The Zoning By-law Amendment found in Attachment 4 tries to address the issues identified. By-law Enforcement Services has indicated that they receive 12 to 15 complaints on average during the summer months from residents concerned with the size and location of recreational vehicles parked on neighbouring properties. The volume of these complaints is greater than the number of concerns received regarding the proposed regulations. Most recreational vehicle owners were satisfied with the proposal once they were aware that they could continue to park existing trailers as a legal non-conforming use, largely referred to by the public as 'grandfathering'. 4.1.4 It was also requested that the timeframe be increased for parking larger recreational vehicles on driveways in urban residential areas. The recommended by-law has been increased from 72 to 120 hours (3 to 5 days). 4.1.5 The number of recreational vehicles permitted to be stored in the open in rural areas have been increased from two to three, based on public and Council's comments. 4.2 Commercial Storage of Recreational Vehicles and Boats 4.2.1 Although not a part of the proposed General Amendment, the topic of Commercial Storage of Recreational Vehicles and Boats was raised through submissions, delegations and subsequent discussions of the application at the June 16~" General Purpose and Administrative Committee meeting. Concern has been raised that there may be nowhere for residents to store larger trailers and recreational vehicles. It should be noted that there are six commercial storage facilities located in Clarington that have gone through the planning process to obtain the necessary approvals. These facilities are typically located in our General Industrial Areas and offer storage for recreational vehicles and trailers. 4.2.2 The By-law Enforcement Division had been in contact with a number of outdoor storage facilities advising them that their properties must be brought into compliance with the Zoning By-law. In addition to the facilities already contacted by By-law Enforcement, Planning Staff have examined aerial photographs and determined that there are at least a dozen such facilities in operation without the appropriate approvals. To date, the Planning Services Department has held three pre-consultation meetings with owners of these facilities, only one of the three owners suggested they plan to legalize their use. In order to permit the commercial outdoor storage use, all locations currently identified would require an Official Plan amendment, Rezoning and Site Plan approvals; some would also require amendment to the Region of Durham Official Plan. Two locations could not be recommended by Planning Staff as they are on lands designated Prime Agricultural. Commercial uses unrelated to agriculture are not permitted in prime REPORT NO.: PSD-099-08 PAGE 6 agricultural areas in accordance with the Provincial Policy Statement and Greenbelt Plan. 4.2.3 It has been indicated by owners of the non-compliant storage facilities that the costs involved in establishing the use are too great. However, the process to amend the Official Plan and Zoning By-law, and in some cases the Region of Durham Official Plan is required. It is the cost of the Official Plan amendments that are particularly expensive. 4.2.4 The consideration of each proposed storage facility would be different, based on the existing Official Plan framework. The existing non-compliant uses are located in: • Prime Agricultural Areas • Green Space and General Agricultural Areas • Urban Residential Areas • Various Industrial Areas There would be different considerations for commercial recreation vehicle storage areas in each of these designations. Staff have had some preliminary discussions with the Region of Durham planning staff on this matter. If Council wants to undertake changes to the Regional and Clarington Official Plan to enable individual rezoning applications subject to specific criteria, we require further discussion with Regional staff. It should be clear, however, that any uses in the Prime Agricultural Areas would not be recommended. and most of these lands are governed by the Provincial Greenbelt Plan, which does not permit this use. 4.3 Aggregate Extraction Areas Following the public meeting, additional properties came to Staffs attention than had surrendered aggregate extraction licence that no longer had the Aggregate Extraction Area Official Plan designation. The properties were not previously identified in the notice for the public meeting, an additional public meeting is required. Staff will continue to process this aspect of the General Amendment. 4.4 Accessory Buildings. Structures and Uses 4.4.1 The draft by-law proposed moving from regulating the size of accessory structures in relation to the size of the house; instead it would be regulated on the basis of 10% of the lot area for residential use up to a maximum cap. 4.4.2 During the review of the. Public Meeting Report at the General Purpose and Administration Committee meeting, concern was raised that the proposed 90 square metre floor area maximum for accessory buildings and structures in rural residential or agricultural zones would not be adequate. 4.4.3 Although the proposed cap on the total accessory building floor area was consistent with the Oak Ridges Moraine Zoning By-law 2005-109, staff has considered an increase. In order to ensure that buildings and structures maintain an `accessory' character in relation to a residential dwelling and lot, Staff now propose a cap of 120 square metres for rural residential or agricultural zones for lots with a minimum area of 2 hectares (4.94 acres). This regulation will apply to buildings and structures REPORT NO.: PSD-099-08 PAGE 7 accessory to a residential use only. Agricultural buildings continue to be regulated by the relevant agricultural zone category provisions. 4.4.4 The previous proposal included a regulation to prevent the use of a "trailer or portable buildings" to be used as an accessory building. The By-law Enforcement Division suggested using the term "Shipping/Cargo Container". This terminology better reflects the concern some residents have expressed to municipal staff. 5.0 5.1 CONCLUSIONS In consideration of the comments contained in this report, Staff respectfully recommends that the proposed Zoning By-law amendment contained in Attachment 4 be passed by Council and that staff continue to process the amendment in regards to Aggregate Extraction Areas. Attachments: Attachment 1: Attachment 2: Attachment 3: Attachment 4: Proposed Modifications dealing with recreational vehicles and trailers Proposed Modifications dealing with accessory buildings and structures Proposed Modification to cartage or transport depot definition Zoning By-law Amendment REPORT NO.: PSD-099-08 PAGE 8 List of Interested Parties to be notified of Council's decision: Tim and Sandra Kerns James Darrach T. Moyer Gerald Bihun Stephen Uriadka Maurice Wicks Steve Burt Ellen Cowan Bill Rapanos Gord and Bev Cory Linda VanGestel David and Terry Barber Everette DeHart Marie McRae Brian Cullen & Robin Brown Lisa Robinson Dave McCargar Jim Vinson Steve Bobas Jean and EI Ward Mike Bilsky Hugh Neill Anna Uriadka Libby Racansky Durga Persaud Kerry Meydam David Wallace Barber Elain Dillon Mike and Melissa Girard Dan Walker Shawn Deegan Ron Smith Leslie Ellen Hung Elspeth Theriault Alice McKeen Geraldine Carmelo Adam James Stephenson Ray Jacula Bryan Potter Scott Bolger Tom McKee Clayton Read Steven Hogg .Edgar Robert Allen Mr. Bergsma Attachment 1 To Report PSD-099-OS PROPOSED MODIFICATIONS DEALING WITH RECREATIONAL VEHICLES AND TRAILERS Section 2 Definitions Add or modify the following definitions DRIVEWAY Shall mean the portion of a lot extending to the streetline, designed to provide motor vehicle access from the lot to the traveled portion of the street, private road or lane. RECREATIONAL VEHICLE A motorized or non-motorized vehicle that is used predominantly for recreational purposes, including, but not limited to, mobile recreational trailers, snowmobiles, boats, personal watercraft and all-terrain vehicles. RECREATIONAL VEHICLE STORAGE A commercial establishment for the storage of licensed recreational vehicles and their trailers. RESIDENTIAL ZONE Shall mean a Rural Cluster (RC) Zone, Residential Estate (RE) Zone, Residential Hamlet (RH) Zone, Residential Mobile Home (RM) Zone, Residential Shoreline (RS) Zone, Urban Residential Type One (R1) Zone, Urban Residential Type Two (R2) Zone, Urban Residential Type Three (R3) Zone, and an Urban Residential Type Four (R4) Zone and the term includes Special Exception Zones to any of these zones provided in the aforesaid By-law 84-63. RURAL RESIDENTIAL ZONE Shall mean a Rural Cluster (RC) Zone, Residential Estate (RE) Zone, Residential Hamlet (RH) Zone, Residential Mobile Home (RM) and Residential Shoreline (RS) Zone, and the term includes Special Exception Zones to any of these zones provided in the aforesaid By-law 84-63. URBAN RESIDENTIAL ZONE Shall mean an Urban Residential Type One (R1) Zone, Urban Residential Type Two (R2) Zone, Urban Residential Type Three (R3) Zone, and an Urban Residential Type Four (R4) Zone and the term includes Special Exception Zones to any of these zones provided in the aforesaid By-law 84-63. 3.16 m. RECREATIONAL VEHICLE AND TRAILER PARKING AND STORAGE IN RESIDENTIAL ZONES The following regulations apply to parking of recreational vehicles and trailers: i) Driveway a) A recreational vehicle or trailer, and any load thereon, not exceeding 5.5 metres in length or 2.4 metres in height may be parked on a driveway in an urban residential zone. b) A recreational vehicle or trailer, and any load thereon, exceeding 5.5 metres in length or 2.4 metres in height may be parked on a driveway in an urban residential zone for a period not exceeding 120 hours in one calendar month with a minimum setback of 0.5 metres from the street line. c) A recreational vehicle or trailer, and any load thereon, may be parked on a driveway in a rural residential zone and Agricultural (A) Zone. ii) Storage Storage or parking of trailers or recreational vehicles shall be permitted within a garage, carport or other permitted accessory structure. iii) Location a) The parking or storage of a recreational vehicle or trailer, and any load thereon, not exceeding 6 metres in length or 2.9 metres in height shall be permitted in any side yard or rear yard in an urban residential zone, subject to the provisions of Section 3.1. b) The parking or storage of a maximum of three (3) recreational vehicles or trailers, and any load thereon, shall be permitted in any side yard or rear yard in a rural residential zone and Agricultural (A) Zone, or any exception zone thereto, subject to the provisions of Section 3.1. iv) Number a) The owner may not store or park in the open more than one recreational vehicle or trailer, and any load thereon, on a lot in an urban residential zone. b) The owner may not store or park in the open more than three (3) recreational vehicles or trailers, and any load thereon, on a lot in a rural residential zone and Agricultural (A) Zone, or any exception zone thereto. 3.22 5161~~VISIBILITY TRIANGLES On a corner lot, within the triangle space formed by the street lines and a line drawn from a point in one street line to a point in the other street line, each such point being 7.5 metres measured along the street line from the point of intersection of the street lines, no motor vehicle, as defined in the Highway Traffic Act, as amended, recreational vehicle or trailer, and any load thereon, shall be parked or stored, no building or structure which would obstruct the vision of drivers of motor vehicles shall be erected, and, no land shall be used for the purposes of growing shrubs or trees in excess of 0.75 metres in height. Attachment 2 To Report PSD-099-08 PROPOSED MODIFICATION DEALING WITH ACCESSORY BUILDINGS AND Section 2 Definitions Add the following definition GARAGE Shall mean a building, structure or part thereof, including a carport, designed andlor used for the parking of motor vehicles having adequate access to a driveway, and where household equipment incidental to the residential use may be stored. SHIPPINGICARGO CONTAINER Shall mean a prefabricated metal container or box specifically constructed for the transport of goods by rail, ship or transport truck. 3.1 ACCESSORY BUILDINGS, STRUCTURES AND USES a. PERMITTED USES Where this By-law provides that a lot may be used or a building or structure may be erected or used for a purpose, that purpose shall include any accessory building or structure or accessory use, but shall not include the following: i) any occupation for gain or profit conducted within or accessory to a dwelling unit or on such lot associated therewith, except as is specifically permitted in accordance with this By-law; or ii) any building used for human habitation except as is specifically permitted in accordance with this By-law; or iii) a maximum of three (3) coin-operated pinball or video machines or other electronically or mechanically coin-operated entertainment machines as accessory uses within a Commercial zone. b. RELATION TO STREET A permitted accessory building or structure may be located between the principal or main building on the lot and the streetline, provided such accessory building or structure complies with the yard and setback requirements of the Zone in which such building or structure is located. c. RELATION TO PRINCIPLE OR MAIN BUILDING -DELETED c.d- LOT COVERAGE The total lot coverage of all accessory buildings and structures, except swimming pools, shall not exceed: n4 ..F 1/.s .. .: {.e~.1 ... ... Ann. .~ ~ F... n ~:ds..4in1 .1.....11' ........ ... ..... ,...'......,. ....... ............... ... .... ....... .... .. ........... ~.~... ~...`....,g u•ifhin fhe ~nnlir~hle Anne .chin hevew is i..e~4s~ c.hnll fhe, hninhi nF ~. ..r.r ..................... .............. ~. ... ., .,... d. e. i) Ten percent of the total lot area in a residential or agricultural zone. ii) Fifty percent of the ground floor area of the principal building in a commercial or industrial zone. iii) Ten percent of the lot area for Public Uses. FLOOR AREA The total floor area for accessory buildings and structures shall not exceed: i) 120 m2 accessory to a dwelling in a rural zone with a minimum lot area of 2 hectares. ii) 90 m2 accessory to a dwelling in a rural zone for lots less than 2 hectares in area. iii) 60 m2 in all other zones. HEIGHT residential or agricultural residential or agricultural The total height for accessory buildings and structures shall not exceed: i) 3 metres for buildings or structures with a floor area less than 10m2; ii) 4 metres in an urban residential zone; and iii) 4.5 metres in any other zone. the nn`e of ~ n• A~ dl•linn hei n ce•f fn. Fhe~ ..n rL'nn n afn rn .. _ _. _.. _______., __.._...~ __..^.~ ____ ._...._ r_......~ ,,..,..,,,.y., of ~_~__! ~"___ _. __...... _. _._~ ..._~_. __~. '__ _.. ~ .. ~.. f .... .., L..f..'~ ..,~'~.,~ 1 ~1 In4 i Jfi i ~I ~ fhe V.e nh4 nF n nM -.M • h. 'Ir!' h.+Il .• .J i y ~ ~n r ef.er f.e: BOAT HOUSE, PUMP HOUSE OR DOCKING FACILITIES Notwithstanding any other provision of this By-law to the contrary, a boat house, pump house or docking facilities may be erected and used in the required yard of a lot abutting a navigable waterway, provided, such accessory buildings or structures comply with all other side yard requirements of the respective zone. g.#: INTERIOR SIDE YARD, REAR YARD AND EXTERIOR SIDE YARD REQUIREMENTS Where an accessory building or structure is located in an interior side or rear yard it shall not be closer to the interior side lot line or the rear lot line than ~2B aaetfes-0.6 metres in an urban residential zone and 1.2 metres in all other zones to the interior side lot line or rear lot line. An accessory building or structure, other than a detached garage, located in an exterior side yard shall not be closer than 1.2 metres to the exterior side lot line in an urban residential zone. A detached garage shall comply with the zone minimums for permitted residential uses but in no case shall be located less than 6.0 metres from a streetline. h.g- GATE HOUSE IN INDUSTRIAL ZONE Notwithstanding the yard and setback provisions of this By-law to the contrary, in an industrial zone, a gate house shall be permitted in a required front or side yard or in the area between the street line and the required setback, but in no instance shall such gate house be located closer than 1.25 metres to the street line or in a sight triangle. i.#- MOTOR VEHICLE FUEL BAR SHELTER Notwithstanding the yard and setback provisions of this By-law to the contrary, in the service station commercial zone, a fuel bar shelter shall have a total floor area of not more than 9 square metres. j.i: YARD REQUIREMENTS Notwithstanding the yard and setback provisions of this By-law to the contrary, every part of any yard to be provided in all zones shall be open and unobstructed by any structure from the ground to the sky, except for the following: sills, belt courses, cornices, chimney breasts, bay windows, cantilevered floor areas, pilasters or parapets may project into any yard to a distance of not more than 0.75 metres; ii) eaves or gutters, for other than an accessory building or structure, may project into any required yard a distance of not more than 0.75 metres; iii) eaves or gutters for an accessory building or structure may project into any required yard 0.3 metre; iv) +i+) balconies, canopies, unenclosed porches, steps, er patios, or decks may project into any required front, side, or rear yard to a distance of not more than 1.5 metres, but in no instance shall a required side yard be reduced to below 1.2 metres. v) ivy fire escapes may project into any required side or rear yard to a distance of, not more than, 1.5 metres; vi) v~ fences, freestanding walls, flag poles, clothes poles, diving boards, antennae, light standards, and similar accessory structures and appurtenances, and hedges, trees, and shrubs are permitted, but in the case of a residential interior lot line situated in any residential zone, no structure, hedge or obstruction that is more than 0.75 metres in height is permitted within 3 metres of any street line where such structure, hedge or obstruction will impede vision between a height of 0.75 metres and 2.5 metres above the centreline grade of an access from any improved public street to any lot. k. EXCLUDED USES No shippinglcargo container shall be used as an accessory structure. Attachment 3 To Report PSD-099-08 PROPOSED MODIFICATION TO CARTAGE OR TRANSPORT DEPOT DEFINITION L ! L !' L ! f { i nr r.nr er nn f ~e n r.norFv ern r cn~fn .er .,r -s r i ~ o CARTAGE OR TRANSPORT DEPOT Shall mean a building or structure and lot where transport vehicles are kept for hire, rented or leased, or stored or parked for remuneration,. or from which transport vehicles are dispatched for hire as common carriers and may include a warehouse, but shall not include any other use or activity otherwise defined or classified in this By-law. Attachment 4 To Report PSD-099-D8 THE CORPORATION OF THE PAUNICIPALITY OF CLARINGTON BY-LAW NO.2008- being a 6y-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of 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 to implement ZBA2008-0004; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: By-law 84-63, as amended, is hereby further amended as follows: a) By adding to Section 2, thereof, the following new definitions in alphabetical order as follows: "DRIVEWAY Shall mean the portion of a lot extending to the streetline, designed to provide motor vehicle access from the lot to the traveled portion of the street, private road or lane. GARAGE Shall mean a building, structure or part thereof, including a carport, designed and/or used for the parking of motor vehicles having adequate access to a driveway, and where household equipment incidental to the residential use may be stored. RECREATIONAL VEHICLE A motorized or non-motorized vehicle that is used predominantly for recreational purposes, including, but not limited to, mobile recreational trailers, snowmobiles, boats, personal watercraft and all-terrain vehicles. RECREATIONAL VEHICLE STORAGE A commercial establishment for the storage of licensed recreational vehicles and their trailers. RURAL RESIDENTIAL ZONE Shall mean a Rural Cluster (RC) Zone, Residential Estate (RE) Zene, Residential Hamlet (RH) Zone, Residential tviobile Home (RM) and Residential Shoreline (RS) Zone, and the term includes Special Exception Zones to any of these zones provided in the aforesaid By-law 84-63. SHIPPING/CARGO CONTAINER Shall mean a prefabricated metal container or box specifically constructed for the transport of goods by rail, ship or transport truck. URBAN RESIDENTIAL ZONE Shall mean an Urban Residential Type One (R1) Zone, Urban Residential Type Two (R2) Zone, Urban Residential Type Three (R3) Zone, and an Urban Residential Type Four (R4) Zone and the term includes Special Exception Zones to any of these zones provided in the aforesaid By-law 84-63." b) ey deleting from Section 2, thereof, and replacing with the following definitions in alphabetical order as follows: "CARTAGE OR TRANSPORT DEPOT Shall mean a building or structure and lot where transport vehicles are kept for hire, rented or leased, or stored or parked for remuneration, or from which transport vehicles are dispatched for hire as common carriers and may include a warehouse, but shall not include any other use or activity otherwise defined or classified in this By-law. RESIDENTIAL ZONE Shall mean a Rural Cluster (RC) Zone, Residential Estate (RE) Zone, Residential Hamlet (RH) Zone, Residential Mobile Home (RM) Zone, Residential Shoreline (RS) Zone, Urban Residential Type One (R1) Zone, Urban Residential Type Two (R2) Zone, Urban Residential Type Three (R3) Zone, and an Urban Residential Type Four (R4) Zone and the term includes Special Exception Zones to any of these zones provided in the aforesaid By-law 84-63." c) By deleting Sections 3.1 c) through 3.1 i) and replacing them as follows: c. LOT COVERAGE The total lot coverage of all accessory buildings and structures, except swimming pools, shall not exceed: i) Ten percent of the total lot area in a residential or agricultural zone. ii) Fifty percent of the ground floor area of the principal building in a commercial or industrial zone. iii) Ten percent of the lot area for Public Uses. d. FLOOR AREA The total floor area for accessory buildings and structures shall not exceed: z i) 120 m accessory to a dwelling in a rural residential or agricultural zone with a minimum lot area of 2 hectares. ii) 90 mZ accessory to a dwelling in a rural residential or agricultural zone for lots less 2 hectares in lot area. iii) 60 m2 in all other zones. e. HEIGHT The total height for accessory buildings and structures shall not exceed: i) 3 metres for buildings or structures with a floor area less than 10mZ; ii) 4 metres in an urban residential zone; and iii) 4.5 metres in any other zone. BOAT HOUSE, PUMP HOUSE OR DOCKING FACILITIES Notwithstanding any other provision of this By-law to the contrary, a boat house, pump house or docking facilities may be erected and used in the required yard of a lot abutting a navigable waterway, provided, such accessory buildings or structures comply with all other side yard requirements of the respective zone. INTERIOR SIDE YARD, REAR YARD AND EXTERIOR SIDE YARD REQUIREMENTS Where an accessory building or structure is located in an interior side or rear yard it shall not be closer to the interior side lot line or the rear lot line than 0.6 metres in an urban residential zone and 1.2 metres in all other zones to the interior side lot line or rear lot line. An accessory building or structure, other than a detached garage, located in an exterior side yard shall not be closer than 1.2 metres to the exterior side lot line in an urban residential zone. A detached garage shall comply with the zone minimums for permitted residential uses, but in no case shall be located less than 6.0 metres from a street line. h. GATE HOUSE IN INDUSTRIAL ZONE Notwithstanding the yard and setback provisions of this By-law to the contrary, in an industrial zone, a gate house shall be permitted in a required front or side yard or in the area between the street line and the required setback, but in no instance shall such gate house be located closer than 1.25 metres to the street line or in a sight triangle. MOTOR VEHICLE FUEL BAR SHELTER Notwithstanding the yard and setback provisions of this By-lava to the contrary, in the service station commercial zone, a fuel bar shelter shall have a total floor area of not more than 9 square metres. d) By adding a new Sections 3.1 j) and 3.1 k) as follows: YARD REQUIREMENTS Notwithstanding the yard and setback provisions of this By-law to the contrary, every part of any yard to be provided in all zones shall be open and unobstructed by any structure from the ground to the sky, except for the following: sills, belt courses, cornices, chimney breasts, bay windows, cantilevered floor areas, pilasters or parapets may project into any yard to a distance of not more than 0.75 metres; ii) eaves or gutters, far other than an accessory building or structure, may project into any required yard a distance of not more than 0.75 metres; iii) -eaves or gutters for an accessory building or structure may project into ary required yard 0.3 metre; iv) balconies, canopies, unenclosed parches, steps, er patios, or decks may project into any required front, side, or rear yard to a distance of not more than 1.5 metres, but in no instance shall a required side yard be reduced to below 1.2 metres. v) fire escapes may project into any required side or rear yard to a distance of, not more than, 1.5 metres; vii) fences, freestanding walls, flag poles, clothes poles, diving boards, antennae, light standards, and similar accessory structures and appurtenances, and hedges, trees, and shrubs are permitted, but in the case of a residential interior lot line situated in any residential zone, no structure, hedge or obstruction that is more than l).75 metres in height is permitted within 3 metres of any street line where such structure, hedge or obstruction will impede vision between a height of 0.75 metres and 2.5 metres above the centreline grade of an access from any improved public street to any lot. k. EXCLUDED USES No shipping/cargo container shall be used as an accessory structure. e) By adding a new Section 3.16 m. as follows: "m. RECREATIONAL VEHICLE AND TRAILER PARKING The following regulations apply to parking of recreational vehicles and trailers: i) Driveway a) A recreational vehicle or trailer, and any load thereon, not exceeding 5.5 metres in length or 2.4 metres in height may be parked ono driveway in an urban residential zone. b) A recreational vehicle or trailer, and any load thereon, exceeding 5.5 metres in length or 2.4 metres in height may be parked on a driveway in an urban residential zone for a period not exceeding 120 hours in one calendar month with a minimum setback of 0.5 metres from the street line. c) A recreational vehicle or trailer, and any load thereon, may be parked on a driveway in a rural residential zone and Agricultural (A) Zone. ii) Storage Storage or parking of trailers or recreational vehicles shall be permitted within a garage, carport or other permitted accessory structure. iii) Location b) The parking or storage of a recreational vehicle or trailer, and any load thereon, not exceeding 6 metres in length or 2.9 metres in height shall be permitted in any side yard or rear yard in an urban residential zone, subject to the provisions of Section 3.1.6 c) The parking or storage of a maximum of three (3) recreational vehicles or trailers, and any load thereon, shall be permitted in any side yard or rear yard in a rural residential zone and Agricultural (A) Zone, or any exception zone thereto, subject to the provisions of Section 3.1.6 iv) Number d) The owner may not store or park in the open more than one recreational vehicle or trailer, and any load thereon, on a lot in an urban residential zone. e) The owner may not store or park in the open more than three (e) recreational vehicles or trailers, and any load thereon, on a lot in a rural residential zone and Agricultural (A) Zone, or any exception zone thereto." d) By deleting Section 3.22 and replacing it as follows: "3.22 `V'ISIBILITY TRIANC3L~S On a corner lot, within the triangle space formed by the street lines and a line drawn from a point in one street line to a point in the other street line, each such point being 7.5 metres measured along the street line from the point of intersection of the street lines, no motor vehicle, as defined in the Highway Traffic Act, as amended, recreational vehicle or trailer, and any load thereon, shall be parked or stored, no building or structure which would obstruct the vision of drivers of motor vehicles shall be erected, and, no land shall be used for the purposes of growing shrubs or trees in excess of 0.75 metres in height." 2. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 of the Planning Act. BY-LAW read a first time this day of 2008 BY-LAW read a second time this day of 20pg BY-LAW read a third time and finally passed this day of 2008 Jim Abernethy, Patti L. Barrie, Municipal Clerk