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HomeMy WebLinkAbout2023-037If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law 2023-037 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 ZBA-2021-0014; Now therefore the Council of the Municipality of Clarington enacts as follows: 1. Section 14.6. "Special Exceptions — Urban Residential Type Three (R3) Zone" is amended by introducing a new Subsection 14.6.72 as follows: "Section 14.6.72 "Special Exceptions — Urban Residential Type Three (R3-72) Zone" Notwithstanding Sections 12.1 a. and b., 12.2 a. i) and ii), b. i), c. i), d. i), ii), iii) and iv), f. i) and ii) and h. and Sections 14.1 a. and b. and 14.3 a. i) and ii), b. i), c. i), ii) and iii), e. and g., no person shall use any land or erect or use any building or structure in an R3-72 zone for any purpose unless the provisions of this Section and the applicable provisions not amended by the R3-72 zone are satisfied: a. Permitted Uses i) Dwelling, Single Detached ii) Dwelling, Semi -Detached iii) Dwelling, Street Townhouse b. Regulations for single detached and semi-detached dwellings i) Lot Area (Minimum) a) Single detached Dwelling 345 square metres b) Semi-detached Dwelling 480 square metres ii) Lot Frontage (Minimum) a) Single detached Dwelling i. Interior Lot 11.6 metres ii. Exterior Lot 14 metres iii) Yard Requirements (Minimum) a) Front Yard 6 metres to private garage or carport and 4 metres to dwelling b) Interior Side Yard 1.2 metres c) Exterior Side Yard i. Single detached Dwelling 2.5 metres ii. Semi-detached Dwelling 2.4 metres d) Rear Yard 6.0 metres iv) Lot Coverage (maximum) 55% for dwelling, 60% for all buildings and structures v) Building Height (Maximum) 11 metres vi) No building, structure, deck, patio or other encroachment is permitted within the 14 metre Ministry of Transportation Setback as illustrated for Lots 31 to 33, inclusive, on the Draft Approved Plan. vii) Notwithstanding the above lot coverage provision, a covered and unenclosed porch/balcony having no habitable space above it shall be permitted subject to the following: a) 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; b) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum of 20.0 square metres shall be permitted provided it is located in the front and/or exterior side yard of the lot. Garage Requirements i) All garage doors shall not be located any closer to the street line than the dwellings first floor front wall or exterior side wall or covered porch projection ii) Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metres c. Regulations for street townhouse dwellings: i. Lot Area (Minimum) 210 square metres ii. Lot Frontage (Minimum) 7 metres iii. Yard Requirements (Minimum) a. Interior Side Yard 1.2 metres b. Exterior Side Yard 2.5 metres c. Rear Yard 6.0 metres iv. Lot Coverage (maximum) 55% for dwelling, 60% for all buildings and structures v. Building Height (Maximum) 11 metres vi. Height of floor deck of unenclosed porch above finished grade (maximum) 1 metre vii. A covered and unenclosed porch/balcony having no habitable floor space above it, shall be permitted the following; i) In the case of an interior lot, an unenclosed porch/balcony up to a maximum area of 10.0 square metres shall be permitted, provided it is located in the front yard of the lot and shall not be calculated as lot coverage. viii. In the case of an exterior lot, an unenclosed porch/balcony up to a maximum area of 15.0 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. ix. All garage doors shall not be located any closer to the street line than the dwellings first floor front wall or exterior side wall or covered porch projection. 2. Schedule '5' to By-law 84-63, as amended, is hereby further amended by changingthe zone designation from: "Agricultural Exception (A-1) Zone" to "Agricultural Exception (A-1) Zone/Environmental Protection (EP) Zone" "Agricultural Exception (A-60) Zone" to "Environmental Protection (EP) Zone" "Agricultural Exception (A-1) Zone" to "Holding — Urban Residential Exception ((H)(R3-72) "Agricultural Exception (A-60) Zone" to "Holding — Urban Residential Exception ((H)(R3-72) 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 and Section 36 of the Planning Act. Passed in Open Council this 12t" day of June 2023 Adrian Poster, Mayor Michelle Chambers, Acting Municipal Clerk This is Schedule "A" to By-law 2023-037 , passed this 12' day of June, 2023. W W a I in 10 �� by z 0 3 W I J' J W C WHITER- ND -DRIVE Zoning Change From '(H)A-60' To 'EP' Zoning Change From '(H)A-60' To'(H)R3-72' Zoning Change From 'A-1' To '(H)R3-72' Zoning Change From 'A-1' To 'A-1/EP' Zoning Change From 'A-1' To 'EP' Zoning To Remain 'EP' Newcastle • ZBA 2021-0014 • Schedule 5