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HomeMy WebLinkAbout2023-026If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law Number 2023-026 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 Municipality of Clarington for ZBA2018-0024; Now therefore the Council of the Municipality of Clarington enacts as follows: 1. Section 13.4 "Special Exceptions — Urban Residential Type Two (R2) Zone" is amended by adding Special Exception Zone 13.4.93 as follows: "Section 13.4.93 Urban Residential Exception (R2-93) Zone Notwithstanding Sections 13.2 a., b., c. i), c.ii), c. iii), e., f., g. and h., those lands zoned R2-93 on the Schedules to this By-law shall be subject to the following regulations: a. For the purpose of Section 13.4.93, the term Soft Landscaping means the portion of the 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 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. b. Lot Area (minimum) 260 square metres C. Lot Frontage (minimum) i) Interior Lot 9 metres ii) Exterior Lot 12 metres d. Yard Requirements (minimum) i) Front Yard 6 metres to private garage or carport 4 metres to dwelling 2 metres to unenclosed porch ii) Exterior Side Yard iii) Interior Side Yard 6 metres to private garage or carport 4 metres to dwelling 2 metres to unenclosed porch 1.2 metres on one side, 0.6 on the other Without an attached garage or carport 3.0 metres on one side, 0.6 on the other e. Dwelling Unit Area (minimum) 85 square metres f. Lot Coverage (maximum) i) One Storey Dwelling a) Dwelling 50 percent b) Total of buildings and structures 55 percent ii) All other Residential Units a) Dwelling 40 percent b) Total of buildings and structures 45 percent g. Notwithstanding the above lot coverage provision, a covered and unenclosed porch/balcony having no habitable floor space above it, shall be permitted subject to the following; i) In the case of an interior lot, an unenclosed porch/balcony up to a maximum area of 12.0 square metres shall be permitted provided it is located in the front yard of the lot and shall not be calculated as lot coverage. ii) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum area of 20.0 square metres shall be permitted provided it is located in the front and/or exterior side yard of the lot and shall not be calculated as lot coverage. h. Landscape Open Space (minimum) Height (maximum) i) 1 Storey ii) All other residential units 30 percent, provided 25 percent is soft landscaping 8.5 metres 10.5 metres Driveway width (maximum) 4.6 metres K k. Garage Requirements: i) All garage doors shall not be located any closer to the street line than the dwellings front wall or exterior side wall or covered porch projection. Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metre m. Special Yard Regulation: i) Bay Windows with foundation may project into any yard to a distance of not more than 0.75 metres with the bay window having a maximum width of 2.4 metres but in no instance shall the interior side yard be reduced below 0.6 metres. ii) Steps may project into the required front or exterior side yards, but in no instance shall the front or exterior yard be reduced below 1.0 metre. Section 14.6 "Special Exceptions — Urban Residential Type Three (R3) Zone" is amended by adding Special Exception Zone 14.6.68 as follows: "14.6.68 Urban Residential Exceptions (R3-68) Zone Notwithstanding Sections 14.1, 14.4 b., c., e., f., and g., those lands zoned R3-68 on the Schedules to this By-law shall only be used for link townhouse dwellings. For the purpose of establishing regulations for each Link Townhouse Dwelling unit, the following specific regulations shall apply as if each unit is located on a lot: a. Lot area (minimum) b. Lot Frontage (minimum) i) Interior Lot ii) Exterior Lot c. Yard Requirements (minimum) i) Front yard to an unenclosed porch 115 square metres 4.4 metres 8.5 meters 4 metres to a dwelling, 3 metres ii) To a private street 3 metres iii) To visitor parking space 1.5 metres iv) Interior Side Yard 1.2 metres, nil where building has a common wall with any adjacent building on an adjacent lot v) Rear yard carport 6 metres to private garage or vi) Water meter building to private street d. Lot coverage (maximum) e. Landscape open space (minimum) f. Outdoor amenity space (minimum) g. Building Height 5 metres to dwelling 3 metres to unenclosed porch 4 metres to Nash Road, 3 metres 65 percent 20 percent 4 square metres per dwelling unit 11.5 metres h. Number of storeys (maximum) 3 i. No garage shall be located in yards adjacent to a public street. j. Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metre k. Were a link townhouse dwelling has frontage on both a public street and a private lane, the lot line adjacent to the Public Street shall be the front lot line. I. Special Regulations i) Steps may project into the required front yard, but in no instance shall the front yard be reduced below 1 metre ii) Height of floor deck of unenclosed porch above finished grade (maximum) 1 metre 3. Section 14.6 "Special Exceptions — Urban Residential Type Three (R3) Zone" is amended by adding Special Exception Zone 14.6.69 as follows: "14.6.6 Urban Residential Exceptions (R3-69) Zone Notwithstanding Sections 14.1, 14.4 b., c., e., f., and g., those lands zoned R3-69 on the Schedules to this By-law shall only be used for link townhouse dwellings. For the purpose of establishing regulations for each Link Townhouse Dwelling unit, the following specific regulations shall apply as if each unit is located on a lot: a. Lot area (minimum) 125 square metres b. Lot Frontage (minimum) i) Interior Lot 5.5 metres ii) Exterior Lot 7.7 meters C. Yard Requirements (minimum) i) Front yard 6 metres to a private garage or carport, 5 metres to a dwelling, 1.5 metres to an unenclosed porch ii) To a private street 3 metres iii) To visitor parking space 1.5 metres iv) Interior Side Yard 1.2 metres, nil where building has a common wall with any adjacent building on an adjacent lot v) Rear yard 6 metres d. Lot coverage (maximum) i) Dwelling 55 percent ii) Total of buildings and structures 65 percent e. Landscape open space (minimum) 20 percent f. Outdoor amenity space 4 square metres per dwelling unit g. Building Height 11.5 metres h. Number of storeys (maximum) 3 No garage shall be located in yards adjacent to a public street. j. Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metre k. Special Regulations i) Steps may project into the required front or exterior side yard, but in no instance shall the front or exterior side yard be reduced below1 metre ii) Height of floor deck of unenclosed porch above finished grade (maximum) 1 metre 4. Schedule `4' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding — Urban Residential Type One ((H)R1) to "Holding — Urban Residential Exception ((H)R2-67)/Urban Residential Exception (R1-103)" "Holding — Urban Residential Type One ((H)R1) to "Holding — Urban Residential Exception ((H)R2-93)/Urban Residential Exception (R1-103)" "Holding — Urban Residential Type One ((H)R1) to "Holding — Urban Residential Exception ((H)R3-68)/Urban Residential Exception (R1-103)" "Holding — Urban Residential Type One ((H)R1) to "Holding — Urban Residential Exception ((H)R2-69) )/Urban Residential Exception (R1-103)" As illustrated on the attached Schedule 'A' hereto Schedule 'A' attached hereto shall form part of this By-law. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. Passed in Open Council this 31d day of April, 2023 Adrian Foster, Mayor June Gallagher, Mu icipal Clerk This is Schedule "A" to By-law 2023- 026 , passed this V day Of April , 2023 A.D_ OD C'4 CO M CO i 3032 130101 ;., Zoning Change Frorn '(H)R 1' To '(H)R2r93' Zoning Change From '(H)R i' To '(H)R3-68' - Zoning Change From '(H)RL' To'(H)R3-69' &+ Zoning Change From '(H)R 1' To '(H)R2-671R1-103' Zoning Change From '(H)R1' Ta'(H)U-6 IR1-103' - Zoning change Frbrn '(H)RI' T8 '(H)R3-69 jR1-103' Zoning Change From '(H)R i' To '(H)R2-931R1.103' Courtice - 2BA 2018 0024 and 3.C401MADU • Sehedule o4