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The Corporation of the Municipality of Clarington
By-law 2020-050
Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington and to repeal Interim Control
By-law 2018-083
Whereas on September 17, 2018, Council directed staff to undertake the Bowmanville
Neighbourhood Character Study for the areas identified in Attachment 1 of Report PSD -
078 -18, and report back to Council on the results of the study;
Whereas on September 17, 2018 the Municipality passed Interim Control By-law
2018-083 pursuant to section 38 of the Planning Act;
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 2019-0019 to implement the findings of the Bowmanville
Neighbourhood Character Study;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 12. Urban Residential Type One (R1) Zone is amended by adding a new
section 12.2.1 as follows:
12.2.1 Neighbourhood Character Overlay
The following alternate regulations shall apply to the "Urban Residential Type One (R1)
Residential Zone" and all special exceptions to that zone located within the
Neighbourhood Character Overlay identified on Schedule '3':
a. For the purpose of Section 12.2.1, the term:
i) Height of Dwelling means the vertical distance, measured between the
lowest fixed grade, and
a) In the case of a flat roof, the highest point of the roof surface,
no
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b) In the case of a mansard roof, the deck roof line, and
C) In the case of a gable, hip or gambrel roof, the average height
between the eaves and the ridge.
ii) Established building line means the average yard setback from the street
line to existing principal buildings on one side of the street measured a
minimum of four lots on either side of the lot within the same zone
category.
iii) Fixed grade means the elevation of the ground at the front lot line
measured at the midpoint of a lot.
iv) Soft landscaping means the portion of a lot comprised of any combination
of flowers, grass, shrubs, sod, trees or other horticultural elements that is
not covered with impervious surfaces. It does not include any buildings or
structures, any hard surface areas such as, but not limited to, driveways,
parking areas, decorative stonework, walkways, patios, screening or other
landscape architectural elements.
Yard Requirements
i) Front Yard and Exterior Side Yard
a) 6.0 metres minimum to the garage or carport
b) Minimum to the dwelling is the established building line
c) Maximum to the dwelling is 2.0 metres from the established
building line
ii) Interior Side Yard (minimum)
a) 3.0 metres on one side where there is no attached garage;
b) 1.2 metres for dwellings 1.5 storeys or less; and
c) 1.8 metres for dwellings greater than 1.5 storeys
Lot Coverage (maximum)
i) Single detached dwelling
a) With a lot area less than 650 square metres 35 percent
b) With a lot area between 650 square metres 30 percent
and 799 square metres
c) With a lot area over 800 square metres 25 percent
ii) Semi-detached and duplex dwelling
a) For dwellings 1.5 storeys or less 35 percent
b) For dwellings greater than 1.5 storeys 30 percent
iii) Unenclosed porch/balcony and accessory additional 5 percent
buildings and structures
iv) An area of a covered and unenclosed porch/balcony having no habitable
floor space above it is excluded from the maximum lot coverage subject to
the following:
on
e.
J
a) In the case of an interior lot, up to a maximum total area of 12.0
square metres is permitted within the front yard.
b) In the case of an exterior lot, up to a maximum total area of 20.0
square metres is permitted within the front yard and/or exterior side
yard.
Landscaped Open Space (minimum)
i) Overall
ii) Front yard
Height of a dwelling (maximum)
i) Flat roof
ii) All other roof types
Special Regulations
40 percent
50 percent, which must be
soft landscaping
7.5 metres
8.5 metres
i) The combined maximum permitted width of garage door(s) on an attached
garage:
a) Where facing the exterior side lot line
for all dwellings 6 metres
b) Where facing the front lot line that is
less than 15 metres 3 metres
c) Where facing the front lot line that is
15 metres or greater 6 metres
ii) A garage door(s) or carport opening(s) shall be setback a minimum of 1.0
metres from the front or exterior side wall of the dwelling.
iii) Height of floor deck of an unenclosed porch above finished grade must not
exceed 1.0 metres.
iv) Entrances for an apartment -in-house can be found in the front building
facade through a common entrance with the principal dwelling. Where a
separate entrance is provided it must be in the side or rear yard.
h. Exceptions
i) Minimum front yard setback for a garage at 73 and 74 Lambs Lane is 9.8
metres.
ii) Notwithstanding 12.2.1 b. i) c., 6), d. ii), and f. ii), 10 Victoria Street shall
be subject to the following zone regulations:
a. Front yard setback (maximum) 6.5 metres
b. Lot coverage (maximum) 43 percent
C. Front yard landscape open space (minimum) 35 percent
d. A garage door may not extend in front of the front wall of the
dwelling.
iii) Notwithstanding 12.2.1 e. ii) the maximum height of a dwelling at 64 Prospect
Street that does not have a flat roof is 9 metres.
2. Section 26 is amended by adding a new section 26.8 as follows:
26.8 Overlay Zones
In addition to the permitted uses and zoning regulations for each zone there are
Overlay Zones. Where applied the Overlay Zones are read together with the
zone regulations. In the event of conflict, the more restrictive regulation applies
except in the case of a special exception. The Overlay Zones are shown on the
Schedules to this By-law."
Schedule '3' to By-law 84-63, as amended, is hereby further amended by adding
the "Neighbourhood Character Overlay" as illustrated on the attached Schedule
A' hereto.
4. Schedule 'A' attached hereto shall form part of this By-law.
5. Interim Control By-law 2018-083 is repealed on the date this By-law is deemed to
come into force pursuant to the Planning Act.
6. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Sections 24.2, 34 and 38 of the Planning Act.
Passed in Open Council this 7t" day of July, 2020.
Adrian Foster, Mayor
C. A n ent ee, Municipal Clerk
This is Schedule "A" to By-law 2020- 050, passed this 7thday of ,July 2020 A.D.
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ONeighbourhood Character Overlay
Commercial
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Industrial
Residential
Adrian os ayor
Bowmanvllle • ZBA 2019-0019 • Schedule 3 4.0t..mm, Municipa Clerk