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HomeMy WebLinkAbout2026-069If 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 2026-069 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- 2022-0006; Now Therefore Be It Resolved That, the Council of the Municipality of Clarington enacts as follows: 1. Section 12.4 “Special Exceptions – Urban Residential Type One (R1) Zone” is hereby amended by adding thereto, the following new Special Exception Zone 12.4.107 as follows: 12.4.107 Urban Residential Exception (R1-107) Zone Notwithstanding Sections 3.1 g. iv), 3.16 c. iii), 12.1, 12.2 a., b., c., d., f., h., i. ii), those lands zoned R1-107 shall only be used for the permitted uses listed in the R1-107 zone and shall be subject to the following regulations and the applicable provisions not amended by the R1-107 zone: a. Permitted Uses: i) Single detached dwelling ii) A home occupation uses in accordance with the provisions of Section 3.11 of this By-law, save and except the retail sale of antiques, arts, crafts, or hobby items. b. Lot Area (minimum) 290 square metres c. Lot Frontage (minimum) i) Interior Lot (to a maximum of 45% of the total lots within the R1-107 zone) 9.75 metres ii) All other Lots 11 metres iii) Exterior Lot 12 metres d. Yard Requirements (minimum) i) Front Yard 6 metres to private garage or carport, 4.5 metres to dwelling, 2 metres to porch ii) Exterior Side Yard 3 metres iii) Interior Side Yard 1.2 metres on one side and 0.6 metres on the other side iv) Rear Yard 7.5 metres e. Lot Coverage (maximum) i) Dwelling 50 percent ii) Total of all Buildings and Structures 55 percent iii) 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: 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 and shall not be calculated as lot coverage. b) 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. f. Building Height (Maximum): 12 metres g. Number of Storeys (maximum) 3 storeys h. Parking spaces provided in the front yard for single detached dwellings must not reduce the minimum soft landscaping within the front yard below 30 percent. i. Driveway width (maximum) i) Single detached dwellings with 9.75 m to 10.9 m frontage 5.8 metres at the garage and 4.6 metres at the front lot line ii) Single detached dwellings with 11 m frontage or greater 5.8 metres j. 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. ii) The outside width of the garage shall be a maximum of 60% of the width of the lot frontage. k. Height of floor deck of unenclosed porch located in the front yard (maximum) 1.5 metres l. Special Yard Regulations i) Steps may project into the required front or exterior side yards, but in no instance shall the front or exterior side yard be reduced below 1 metre. ii) Setback distance from sight triangle lot line (minimum) 1 metre iii) Notwithstanding the above, steps, unenclosed porches, patios, ramps, landscape features, attached or directly abutting the principal or main building, may project closer to the sight triangle lot line of up to 0.5 metres. 2. Section 14.6 “Special Exceptions – Urban Residential Type Three (R3) Zone” is hereby amended by adding thereto, the following new Special Exception Zone 14.6.87 as follows: 14.6.87 Urban Residential Exception (R3-87) Zone Notwithstanding Sections 3.1 g. iv), 3.16 c. iii), 14.1, 14.3 a., b., c. ii), iii), iv), e., g., and h., those lands zoned R3-87, shall only be used for the permitted uses listed in the R3-87 zone and shall be subject to the following regulations and the applicable provisions not amended by the R3-87 zone: a. Permitted Uses: i) Street townhouse dwelling ii) A home occupation uses in accordance with the provisions of Section 3.11B of this By-law. b. Lot Area (minimum) 150 square metres c. Lot Frontage (minimum) i) Interior Lot 6 metres ii) Exterior Lot 9 metres d. Yard Requirements (minimum) i) Interior Side Yard 1.2 metres, nil where building has a common wall with any building on an adjacent lot. ii) Exterior Side Yard 3 metres iii) Rear Yard 6 metres e. Lot Coverage (maximum) i) Dwelling 55 percent ii) Total of all Buildings and Structures 60 percent iii) 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: 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 and shall not be calculated as lot coverage. b) 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. f. Building Height (minimum) 9 metres g. Building Height (maximum) 12 metres h. Parking spaces provided in the front yard for street townhouse dwellings must not reduce the minimum soft landscaping within the front yard below 30 percent. i. Driveway width (maximum) 3 metres j. Garage Requirements i) All garage doors shall be located further away from the street line than the dwellings front wall or exterior side wall or covered porch projection. k. Height of floor deck of unenclosed porch located in the front yard (maximum) 1.5 metres l. Special Yard Regulations i) Steps may project into the required front or exterior side yards, but in no instance shall the front or exterior side yard be reduced below 1 metre. ii) Setback distance from sight triangle lot line (minimum) 1 metre iii) Notwithstanding the above, steps, unenclosed porches, patios, ramps, landscape features, attached or directly abutting the principal or main building, may project closer to the sight triangle lot line of up to 0.5 metres. 3. Section 15.4 “Special Exceptions – Urban Residential Type Four (R4) Zone” is hereby amended by adding thereto, the following new Special Exception Zone 15.4.56 as follows: 15.4.55 Urban Residential Exception (R4-56) Zone Notwithstanding the provisions of Sections 2, 3.1 g. iv), 3.16 c. iii), 15.1, and 15.2 those lands zoned R4-56 shall only be used for the permitted uses listed in the R4-56 zone and shall be subject to the following regulations and the applicable provisions not amended by the R4-56 zone: a. Definitions: i) “Storey” means the portion of a building, other than an attic, basement or cellar, included between any floor level and the floor, ceiling or roof next above it but excludes portions that provide access to roof terraces. b. Permitted Uses: i) Stacked townhouse dwelling ii) Link townhouse dwelling iii) Apartment building iv) A home occupation, in accordance with the provisions of Section 3.11B of this By-law. c. Density (minimum) 30 units per hectare d. Lot frontage (minimum) 12 metres e. Landscaped Open Space (minimum): 25 percent of the entire block f. Building Height (maximum): 12 metres g. Number of Storeys: 3 storeys h. Parking structure regulation (minimum) Underground Parking Structure setbacks, whether below or above ground, to any property line (minimum) 0.5 metres i. 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. For all other uses the requirements are for the entire Block. j. Where a link townhouse dwelling has frontage on both a public street and a private street, the lot line adjacent to the public street shall be the front lot line. k. Yard Requirements (minimum) i) Front Yard 3 metres ii) Interior Side Yard 1.5 metres iii) Interior Side Yard (to EP Zone) 1.2 metres iv) Rear Yard 6.0 metres l. Lot Coverage (maximum) 65 percent m. Driveway Width (maximum) i) For linked townhouse dwellings and stacked townhouses dwellings 3 metres ii) Parking spaces provided in the front yard must not reduce the minimum soft landscaping within the front yard below 30 percent n. Minimum unit width for Linked Townhouse Dwellings 5.0 metres o. Special Yard Regulations iii) Setback distance from sight triangle lot line (minimum) 1 metre iv) Notwithstanding the above, steps, unenclosed porches, patios, ramps, landscape features, attached or directly abutting the principal or main building, may project closer to the sight triangle lot line of up to 0.5 metres. 4. Section 16A.7 “Site Specific Exceptions” is hereby amended by adding thereto, the following new Special Exception Zone and renumbering the remaining sections: 16A.7.13 “Special Exceptions – Residential Mixed-Use Exception (MU2-11) Zone” Notwithstanding Sections 2, 3.1 g. iv), 3.16 c. iii), 16A.2, 16A.4, 16A5 a., c., 16A.6 b., those lands zoned MU2-11 shall be subject to the following zone regulations and the applicable provisions not amended by the MU2-11 zone: a. Definitions: b. “Storey” means the portion of a building, other than an attic, basement or cellar, included between any floor level and the floor, ceiling or roof next above it but excludes portions that provide access to roof terraces. c. Permitted Uses: i) All permitted uses within Section 16A.2 “Permitted Uses” Table 16A.2: “Permitted Uses in the Mixed-Use Zone” for MU2 i) Additional permitted uses: a) Linked Townhouse Dwellings d. Density (minimum) 60 units per hectare e. Rear Yard, abutting an Urban Residential Type Three (R3) Zone or exception zone (minimum) 6 metres f. Minimum length of the street façade along Courtice Road 60% g. Six-storey buildings shall setback all floors above the fourth storey that face a public street (minimum) 1.5 metres h. Minimum planting strip abutting an Urban Residential Type Three (R3) Zone or exception zone 1.5 metres i. Parking structure regulations i) Underground Parking Structure setbacks, whether below or above ground, to any property line (minimum) 0.5 metres j. Driveway width (maximum) i) For linked townhouse dwellings and stacked townhouses dwellings 3 metres ii) Parking spaces provided in the front yard must not reduce the minimum soft landscaping within the front yard below 30 percent m. Minimum unit width for linked townhouse dwellings 5 metres n. Special Yard Regulations i) Setback distance from sight triangle lot line (minimum) 1 metre ii) Notwithstanding the above, steps, unenclosed porches, patios, ramps, landscape features, attached or directly abutting the principal or main building, may project closer to the sight triangle lot line of up to 0.5 metres. 069 22 June