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HomeMy WebLinkAbout2025-029If 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 2025-029 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 ZBA2024-0024; 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 hereby amended by adding thereto, the following new Special Exception Zone 14.6.81 as follows: 14.6.81 Urban Residential Exception (R3-81) Zone Notwithstanding Sections 3.1 g. iv); 3.16 a, b. ii), c. iii), 14.1, 14.4 a. b, c., e., f., g., and h., those lands zoned R3-81 shall only be used for back-to-back townhouse dwellings and link townhouse dwellings, subject to the following zone regulations and the applicable provisions not amended by the R3-81 Zone: a. Density (maximum) 50 units per net hectare b. Regulations for Link Townhouse Dwellings For the purposes of establishing regulations for each Link Townhouse Dwelling, the following specific regulations shall apply as if each unit is located on a lot. i) Lot area (minimum) 110 square metres ii) Lot frontage (minimum) 4.5 metres iii) Lot coverage (maximum) 75 percent iv) Yard Requirements (minimum) a) Front Yard 4.0 metres to a dwelling 6.0 metres to a garage b) Interior side yard 1.5 metres, nil where a building has a common wall with an adjacent building on an adjacent lot in the same zone c) Exterior side yard 4.0 metres to a private lane d) Rear Yard 4.0 metres to a dwelling 2.5 metres to a porch fronting a public street v) Where a Link Townhouse Dwelling Lot is a through lot with frontage on both a Public Street and a Private Lane, the lot line along the Public Street shall be deemed to be the Rear Lot Line. vi) Landscaped Open Spaces (minimum) 10 percent vii) Building Height (maximum) 12.0 metres viii) Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metre ix) Special Yard Regulations a) An unenclosed and uncovered deck with a minimum height of 2.5 metres may encroach into the required front yard a maximum of 3.5 metres from the garage provided it is located over a parking space provided at grade. The area of the deck will not count towards lot coverage. c. Regulations for Back-to-Back Townhouse Dwellings For the purposes of establishing regulations for each Back-to-back Townhouse Dwelling, the following specific regulations shall apply as if each unit is located on a lot. i) Lot Area (minimum) 85 square metres ii) Lot Frontage (minimum) 6.5 metres iii) Lot Coverage (maximum) 80 percent iv) Yard Requirements (minimum) a) Front Yard 6.0 metres to a garage 3.5 metres to a dwelling 2.5 metres to a porch b) Exterior Side Yard 3.5 metres to a dwelling 2.0 metres to a porch c) Interior Side Yard 2.0 metres, nil where a building has a common wall with an adjacent building on an adjacent lot in the same zone d) Rear Yard Nil where a building has a common wall with an adjacent building on an adjacent lot in the same zone v) Landscaped Open Space (minimum) 8 percent vi) Building Height (maximum) 12.0 metres vii) Height of floor deck of unenclosed porch 1.0 metre above finished grade (maximum) viii) Special Yard Regulation a) An unenclosed and uncovered deck with a minimum height of 2.5 metres may encroach into the required front yard a maximum of 4.0 metres provided it is located over a parking space provided at grade. The area of the deck will not count towards lot coverage. d. Amenity Space i) Minimum shared outdoor amenity space 4.0 square metres per unit ii) Notwithstanding the above where outdoor amenity space is provided in a location other than the same lot as the use requiring such amenity spaces, the amenity space shall be located not more than 500 metres from the same lot, and shall be located in the R4- 46 Zone. e. Parking Spaces (minimum) Nil f. Regulations for Watermeter Building i) Yard Requirements (minimum) a) Setback from a private lane 1.3 metres b) Setback from a public lane 4.0 metres c) Setback from south property line 2.4 metres 2. Section 15.4.46 “Special Exception – Urban Residential Type Four (R4) Zone” is amended by deleting and adding Special Exception Zone 15.4.46 as follows: “15.4.46 Urban Residential Exception (R4-46) Zone” Notwithstanding Section 3.1 c., 3.9, 3.16a, b. ii), 15.1 a., 15.2 a., b., c., d., e., f., g., h., and i, those lands zoned R4-46 shall only be used for apartment buildings, subject to the following zone regulations and the applicable provisions not amended by the R4-46 Zone: a. Density (minimum) 120 units per hectare b. Yard Requirements (minimum) i) Front Yard 4.5 metres ii) Exterior Side Yard 4.5 meters iii) Interior Side Yard 4.5 metres iv) Rear Yard 4.5 metres c. Dwelling Unit Area (minimum) i) One Bedroom Dwelling Unit 40.0 square metres ii) Two Bedroom Dwelling Unit 55.0 square metres d. Lot Coverage (maximum) 36 percent e. Landscaped Open Space (minimum) 20 percent f. Building Height i) Maximum 12 Storeys (40.0 metres). ii) For buildings within 70 metres of Green Road, Maximum 8 storeys (27 metres). iii) Notwithstanding the above, in calculating the height of a building, equipment used for the functional operation of the building including but not limited to electrical, utility, mechanical and ventilation equipment, enclosed stairwells, roof access, maintenance equipment storage, elevator shafts, building maintenance units or window washing equipment and which are less than 6 metres in height, shall be excluded. Further, accessory roof constructions, such as architectural features, parapets, trellises, pergolas, and unenclosed structure providing safety or wind protection to rooftop amenity space may be permitted to project above the maximum height by a maximum of 4 metres. Total coverage of all structures and features excluded from the maximum building height shall not exceed 50% of the roof area. iv) Any communication equipment other than an antenna must be contained within the building or mechanical penthouse. g. Parking Spaces (minimum) Nil h. Bicycle Parking (minimum) i) 0.5 spaces per dwelling unit ii) 75% of the required spaces shall be within a building or structure i. Parking structure regulations (minimum) i) Setback from the property line 0.5 metres ii) No portion of the underground parking structure, above finished grade, shall be located within the any yard, with the exception of air intake or exhaust shafts not exceeding 0.5 metres above finished grade. j. Amenity Space (minimum) i) Combined indoor and outdoor shared amenity space 4.0 square metres per unit. ii) Notwithstanding the above where outdoor amenity space is provided in a location other than the same lot as the use requiring such amenity spaces, the amenity space shall be located not more than 500 metres from the same lot, and shall be located in the R3-81 Zone. iii) Notwithstanding the above where indoor and outdoor amenity space is provided in a location other than the same lot as the use requiring such amenity spaces, the amenity space shall be located not more than 500 metres from the same lot, and shall be located in the R4-46 Zone. k. Regulations for Watermeter Building i) Yard Requirements (minimum) a) Setback from a private lane 1.3 metres b) Setback from a public street 4.0 metres c) Setback from a south property line 2.4 metres 3. Schedule ‘3’ to By-law 84-63, as amended, is hereby further amended by changing the zone from: “Agricultural (A) Zone“ to “Holding - Urban Residential Type One ((H)R1) Zone” “Holding - Urban Residential Exception ((H)R3-65) Zone” to “Holding - Urban Residential Type One ((H)R1) Zone” “Holding - Urban Residential Exception ((H)R3-65) Zone” to “Holding - Urban Residential Exception ((H)R3-81) Zone” “Urban Residential Exception ((H)R3-65) Zone” to “Holding - Urban Residential Exception ((H)R4-46) Zone” “Holding - Urban Residential Exception ((H)R4-46) Zone” to “Holding - Urban Residential Type One ((H)R1) Zone” “Holding - Urban Residential Exception ((H)R4-46) Zone” to “Holding- Urban Residential Exception ((H)R3-81) Zone" as illustrated on the attached Schedule ‘A’ hereto. 4. Schedule ‘A’ attached hereto shall form part of this By-law. 029 23rd June