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HomeMy WebLinkAbout2008-161CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008-161 being a By-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 ZBA 2008-0020 and permit development of additional parking to support a 929 sq.m. expansion of the existing supermarket; 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 (C1) ZONE" is hereby amended by introducing a new Sub-Section 16.5.54 as follows: "16.5.54 GENERAL COMMERCIAL EXCEPTION (C1-54) ZONE Notwithstanding Sections 16.1 (b) and 16.3 (a) iv), those lands zoned C1-54 on the Schedules to this By-law shall be used subject to the following definitions and regulations: a) Definitions "Drive-Through Facility" means the use of land, buildings or structures, or part thereof, to provide or dispense products or services, either wholly or in part, through an attendant or a window or an automated machine, to customers remaining in motor vehicles located in a stacking lane. Adrive-through facility may be in combination with other uses such as a bank or financial institution, dry cleaning establishment, dry cleaning distribution centre, eating establishment, eating establishment drive-in, eating establishment take-out, motor vehicle fuel bar, motor vehicle service station, retail commercial establishment, service shop, light, service shop, personal, shopping centre, or supermarket. Despite the above, adrive-through facility does not include a motor vehicle wash. b) Regulations i) Notwithstanding the provisions of 16.1(b), no person shall use any land or erect or use any building or structured located in a C1-54 zone for adrive- through facility. ii) Rear Yard (minimum) 1.5 metres" 2. Schedule "5" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "General Commercial Exception (C1-24) Zone" to "General Commercial Exception (C1-54) Zone", "General Commercial Exception (C1-33) Zone" to "General Commercial Exception (C1-54) Zone", and from "Urban Residential Type Two (R2) Zone" to "General Commercial Exception (C1-54) Zone". 3. Schedule "A" attached hereto shall form part of this By-law. 4. 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 29th day of September, 2008 BY-LAW read a second time this 29th day of September, 2008 BY-LAW read a third time and finally passed this 29th day of September, 2008 This is Schedule "A" to By-law 2008- 161 , passed this 29th day of September , 2008 A.D.