HomeMy WebLinkAbout2011-034CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2011-034
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 2010-0022;
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 16.5.56 as follows:
"16.5.56 GENERAL COMMERCIAL EXCEPTION (C1-56) ZONE
Notwithstanding the provisions of Sections 3.13 c., 16.1, 16.2 and 16.3, those
lands zoned "C1-56" on schedule "A" of this By-law shall be used subject to the
following definitions and permitted uses:
a. Definitions
Corner Building shall mean a building sited close to the intersection of
Scugog Street and Longworth Avenue and designed with translucent glass on
all street and public square facades and a door on the street fapade of the
building.
Drive-Through Facility shall mean the use of land, buildings or structures, or
part thereof, to provide or dispense products or services, either wholly or in
part, through a window or an automatic machine, to customers remaining in
motor vehicles, which are located in a stacking lane. Adrive-through facility
may be established in combination with other permitted non-residential uses.
Public Square shall mean an area of at least 400 m2 established and
designed to provide a community gathering space and shall be open to the
public at all times.
b. Residential Uses
Dwelling units as part of a building containing non-residential use(s).
c. Non-Residential Uses
i) business, professional or administrative office;
ii) commercial school;
iii) convenience store;
iv) day nursery;
v) dry cleaners distribution centre;
vi) eating establishment;
vii) eating establishment, take-out;
viii) laundry -coin-operated;
ix) library;
x) medical or dental clinic;
xi) place of worship;
xii) retail commercial establishment;
xiii) service shop, light;
xiv) service shop, personal;
xv) supermarket; and
xvi) veterinary clinic.
d. Regulations for Non-Residential Uses
i) Non-residential uses shall consist of the following:
a) A Supermarket;
b) A minimum of 760mz of non-supermarket uses; and
c) A public square.
ii) Floor Area, Total
a) Supermarket (maximum)
b) An eating establishment (maximum)
c) Any individual business establishment other than
the supermarket or eating establishment (maximum)
iii) Adrive-through facility is not be permitted.
iv) Yard requirements:
a) Front Yard (maximum)
Front Yard (minimum)
3100m2
350m2
250m2
3.5 metres
2.5 metres
b) Exterior Side Yard
(i) Stand-alone multi-tenant building (maximum) 3 metres
(ii) Supermarket (minimum)
(iii) Corner Building
(a) to the closest point of building
(b) to the furthest point of building
c) Interior Side Yard
(i) Other building(s) (minimum)
(ii) Supermarket (minimum)
d) Rear Yard (minimum)
v) Lot Coverage of all buildings (maximum)
vi) Landscaping
5 metres
2.5 metres
7.5 metres
5 metres
22 metres
3 metres
27%
a) Landscaped Open Space (minimum) 21%
b) All parking areas shall be separated from abutting public streets
and adjacent residential uses by a landscape strip having a
minimum width of 3 meters.
vii) Building Height (minimum) 5.5 metres
(maximum) 12 metres
viii) Corner Building
a) A Corner Building with a minimum of 185 mZ shall be constructed
on the lands zoned C1-56;
b) The Corner Building may be occupied by a supermarket use,
provided it complies with all other requirements fora Corner
Building;
c) No building may be used as a supermarket unless the Corner
Building is constructed on the lands zoned C1-56; and
d) The Corner Building is exempt from on site loading space
requirements."
ix) Garbage areas shall be fully enclosed within a roofed structure and
outdoor storage is prohibited.
x) An Outdoor Patio associated with an eating establishment shall not be
permitted if the eating establishment has a license to serve alcohol.
xi) Building elevations
a) The roofline on the elevations of the building containing the grocery
store facing Longworth Avenue will contain three triangular
pediments;
xii) Building Fagade Materials
a) A minimum area of 9% of the street fagade of the building
containing the supermarket facing Longworth Avenue, between
finished grade and the elevation up to a height of 3 metres shall be
required to be constructed of spandrel glazing.
b) A minimum area of 50% of the street facade of the Corner Building
between finished grade and the elevation up to a height of 3 metres
shall be required to be constructed of transparent glazing.
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)
R3-25) Zone " to "Holding -General Commercial Exception ((H) C1-56) Zone" as
illustrated 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 34 of the Planning Act.
BY-LAW passed in open session this 28~h day of March, 2011.
~-
Adrian r, Mayor
~;~
Municipal Clerk
This is Schedule "A" to By-law 2011 -034 ,
passed this 28th day of March , 2011 A.D.