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HomeMy WebLinkAbout2010-026CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010-026 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 Municipality of Clarington for ZBA 2009-0018; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 16.5.49 GENERAL COMMERCIAL EXCEPTION (C1-49) ZONE is hereby deleted and replaced with the following: "16.5.49 GENERAL COMMERCIAL EXCEPTION (C1-49) ZONE Notwithstanding the provisions of Sections 3.13 c., 3.16 a., i. i), 16.1, 16.3 a. ii), and d. those lands zoned "C1-49" on Schedule "A" of this By-law, shall only be used for Retail Commercial Establishments exclusive of Drive-Through Facilities: 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. Yard Requirements i) Front Yard (minimum) Nil ii) Front Yard (maximum) 3 metres iii) Interior Side Yard (minimum) Nil iv) Exterior Side Yard (minimum) 1.25 metres v) Exterior Side Yard (maximum) 3.25 metres c. Building Height: i) Maximum 12 metres ii) Minimum 8 metres d. Parking Requirements (minimum): One parking space for each 55 square metres of gross floor area of the building directly related to the use. e. Loading Space Requirements: i) One loading space (4 metres x 11 metres) for every 1,500 square metres of gross commercial floor area. ii) The loading space shall be provided at grade with the surrounding parking area. f. For all buildings exceeding 1,200 m2 of gross commercial floor area, an indoor bicycle parking facility shall be provided for employees with a minimum capacity of six bicycles. g. No vehicular entrance to a parking area shall be permitted within 6.0 metres of the boundary of the lot line boundary of a Residential Zone." 2. Schedule '5' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Urban Residential Type Two (R2)" to "Holding -General Commercial Exception "General Commercial Exception (C1-33)" to "Holding - General Commercial Exception ((H)C1-49)"; and "General Commercial Exception (C1-49)" to "Holding - General Commercial Exception ((H)C1-49)". 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 of the Planning Act. BY-LAW read a first time this 12w day of April, 2010 BY-LAW read a second time this 12~h day of April, 2010 BY-LAW read a third time and finally passed this 12~h day of April, 2010 i er ~-IVlayor _ .. G r a Patti L arse unicipaLClerk This is Schedule "A" to By-law 2010- 026 , passed this day of 2010 A.D. APrll , 12th ., .,,,. e.,. King„~venue East - ' M .~ ~ 1r ~ . i= ~a II = ryr II E , 8 ~ 6 a - 1O5 Y1 0_~ ~ I ` i ;~' rl f o ' ... I j a - - .~.,. ~ I I ~ oc ' P ii.Mn` 7 ~ LOT...,- Po„4 s N _ ` ~ ~,- - ____ il': .r l{ :~': C::.• ~7 . .. LD.T•'• i er :a:: ~ :.~r,.: ::: ;:~:: ~ o_._ .. .. !w /~ __._ ..._ / __._ "~~~~ Emiy SM3et - ~ ® Zoning Change From "Ct-33" To'(H~1-49" ® Zoning Charge From "R2" To "(H~1-49' r ® Zoning Change From "C1.49" To "(H~1-49" ~~ ning To Remain "R2" m eme ayar Pa ' .Bar' ,Municipal Clark wmxnw ur r N o <o nie rw NEWCASTLE VILLAGE zagzaaana