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HomeMy WebLinkAbout2009-003THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009-003 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 former Town of Newcastle, in accordance with applications ZBA 2008-0025 and ZBA 2008-0026 to permit office floor space on the ground floor in addition to permitted Special Purpose Commercial (C5) Zone uses, and to reduce the building setbacks and loading space requirements with respect to the proposed development of two commercial buildings with underground parking; AND WHEREAS said By-law is passed pursuant to Section 24(2) of the Planning Act, whereby it would not come into effect until such time as Official Plan Amendment No. 54 is approved by the Council of the Corporation of the Municipality of Clarington and that decision is final; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1 Section 20.4 "SPECIAL EXCEPTIONS-SPECIAL PURPOSE COMMERCIAL (C5) ZONE" is hereby amended by introducing a new Sub-section 20.4.16 as follows: "20.4.16 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C5-16 ZONE Notwithstanding Sections 3.13, 19.3 d. and f. and 20.1 those lands zoned C5-16 on the Schedules to this By-law may, in addition to the uses listed in Section 19.1 b. i) to xvii) and xix), be used subject to the following zone regulations: a. Residential Uses Prohibited b. Non-Residential Uses Offices c. Regulations for Non-Residential Uses i) Front Yard (minimum) (maximum) ii) Exterior Side Yard (minimum) (maximum) iii) One loading space of 7.5 metres x 3.0 metres will be provided for a building floor area not exceeding 1860 m2 iv) No drive-through is permitted for an eating establishment 2. 4 metres 6 metres 6 metres 10 metres Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Special Purpose Commercial (C5) Zone" to "Special Purpose Commercial Exception (C5-16) Zone" as shown on the attached Schedule "A" hereto. 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 24, 34 and 36 of the Planning Act, R.S.O. 1990. BY-LAW read a first time this 12~h day of January, 2009 BY-LAW read a second time this 12th day of January, 2009 BY-LAW read a third time and finally passed this 12~h day of January, 2009 Ji neth~yri" yo _ - ~a~~1 Municipal This is Schedule "A" to By-law 2009- 003 , passed this 12t'' day of Sanuary , 2009 A.D. w a a w U_ i a SPICER SQUARE ® Zoning Change From "C5" To "C5-16" >~G~~ ~ , 5~.-_QCrrie~Ydunicipol Clerk Bowmanvi Ile ZBA 200&0025/0026