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Home My WebLink About2008-169THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008-169 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 ZBA2008-0004; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. 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 street line, 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) 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. 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) By 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: i) 120 mZ 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 10m2; ii) 4 metres in an urban residential zone; and iii) 4.5 metres in any other zone. f. BOAT HOUSE, PUMP HOUSE OR DOCKING FACiLITiES Notwithstanding any other provision of this By-law td 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 a!I other side yard requirements of the respective zone. g. INTERIOR SIDE YARD, REAR YARD A.ND 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-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. d) By adding a new Sections 3.1 j) and 3.1 k) as follows: j. 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: i) 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) 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) fire escapes may project into any required side or rear yard to a distance of, not more than, 1.5 metres; vi) 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 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 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, but within an urban area, as identified in the Clarington Official Plan, shall not be permitted within a tent, shelter, canopy, enclosure or similar structure covered with fabric, polyester or similar covering material. 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 3.1.6 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 3.1.6 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." f) By deleting Section 3.22 and replacing it as follows: "3.22 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." 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 27th day of October, 2008 BY-LAW read a second time this 27th day of October, 2008 BY-LAW read a third time and finally passed this 27th day of October, 2008 Ji net ayor _ - P~fti arri unicipal Clerk