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HomeMy WebLinkAbout2009-104THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009-104 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 to implement application ZBA 2008-0021; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 13.4 "SPECIAL EXCEPTIONS -URBAN RESIDENTIAL TYPE ONE {R1) ZONE" is hereby amended by adding a new "Urban Residential Exception (R1-76) Zone" as follows: "12.4.76 URBAN RESIDENTIAL EXCEPTION (R1-76) ZONE Notwithstanding Sections 3.1(b), (c) and (g); 3.9(a); 3.16(a)(vi); 3.16(a)(vii); 3.22; 12.1(a); 12.2(a), (b), (c), (d), (f), (g) and (i); on those lands zoned "R1-76" on the Schedule to this By-law shall be subject to the following zone provisions: a. Private Street for Access Access to lands illustrated on the attached Schedule "A" hereto shall occur via a private street registered on title which provides legal ingress and egress to McBride Avenue. For the purposes of establishing regulations for each residential dwelling unit, the regulations in this by-law shall apply as if each unit is located on a lot, having frontage along McBride Avenue, with access restricted to the rear of the residential units along a private street. b. Permitted Residential Uses i) a single detached dwelling ii) asemi-detached dwelling c. Regulations for Residential Uses i) Number of units (maximum) a) single detached dwelling 2 b) semi-detached dwelling 42 ii) Lot Area (minimum) a) single detached dwelling 315 square metres b) semi-detached dwelling 240 square metres iii) Lot Coverage (maximum) a) Single detached or semi-detached dwelling only 33% b) Accessory buildings and structures not including a private garage 5% c) i) private garage providing two (2) of the required parking spaces; or, 20% ii) private garage providing one (1) of the required parking spaces 10% iv) Special Lot Coverage Regulations Notwithstanding Section (iii)(a) above, a maximum of fourteen (14) lots within the R1-76 Zone may have a dwelling unit coverage of 37%. v) Landscaped Open Space for all unit types (minimum) 40% vi) Yard Requirements for all unit types (minimum) a) Front Yard 3.0 metres b) Rear Yard 14.0 metres c) Interior Side Yard 1.25 metres d) Exterior Side Yard 4.0 metres vii) Special Yard Regulations Notwithstanding the interior side yard requirement above, where asemi-detached dwelling is only connected by the footing and foundation, the horizontal distance between the interior walls of the two (2) dwelling units above finished grade shall be between 1.0 metre and 1.25 metres. d. Regulations for Parking Spaces and Private Garages i) A minimum of two (2) indoor and/or outdoor parking spaces per dwelling unit are required. ii) Maximum number of parking spaces within private garages 50 iii) Minimum setback from private garage or parking space to principle dwelling 6.0 metres iv) Minimum setback from private garage to private street 1.5 metres vi) Minimum interior side yard setback 1.25 metres or nil where a private garage shares a common wall with an private garage on an adjacent lot, in the same zone e. Visibility triangle for private streets 5.0 metres" 2. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Holding - Urban Residential Exception ((H)R3-28) Zone" to "Holding - Urban Residential ((H)R1-76) Zone", and as illustrated on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of the 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 13`" day of July, 2009 BY-LAW read a second time this 13th day of July, 2009 BY-LAW read a third time and finally passed this 13th day of July, 2009 ~-- _ _ Y, March -_ % - -~~: This is Schedule "A" to By-law 2009- l04 , passed this 13th day of July , 2009 A.D. _,g~ ,~Pi / y-g3~~ ~~pb e P~ .ZI 39 30 GAS 53 ?3 , ~ Smir~i ?B 5~~ 2] 56 i _~a~~~~~c~~s'~~s~va~ s,,~~a~~e~~ ~~w, ® s n ~ uew~ ~ '~^ V ® Zoning Change From "(H)R3-28" To "(H)R1-76" ~p1 GREEN ~G PARI( Q~ I I I _~ I I ~ ~I !c=_// _ ~ I /~ `-ter--i i i~ qs HOLY FAM/LY rc SEPARATE ELEMENTARY ~ SCHOOL Bowmanville ,_ ~~~ ~~;~~~/~~,~~-~~ ~ ~=.t`smsai ~` ` Muni`ci¢ef~'6ierk~ i G~ RAY CRr u.mWFl1 AVE. ZBA 2008-0021 B