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HomeMy WebLinkAbout2026-068If 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 2026-068 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 ZBA2022-0023; Now Therefore Be It Resolved That, the Council of the Corporation 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 12.4.106 as follows: 12.4.106 Urban Residential Exception (R1-106) Zone Notwithstanding Sections 3.1 g. iv), 3.16 c. iii), e., 12.1, 12.2 a., b., c., d., f., h., i. ii), those lands zoned R1-106, shall only be used for the permitted uses listed in the R1-106 zone and shall be subject to the following regulations and the applicable provisions not amended by the R1-106 zone: a. Permitted Uses: i) Single detached dwelling ii) Semi-detached dwelling iii) 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) i) Single detached dwelling 270 square metres ii) Semi-detached dwelling 450 square metres c. Lot Frontage (minimum) i) Single detached dwelling a) Interior Lot 11 metres b) Exterior Lot 12 metres ii) Semi-detached dwelling a) Interior Lot 15 metres b) Exterior Lot 18 metres d. Notwithstanding the minimum interior lot frontage for both single detached and semi-detached dwellings, a maximum of 30% of the total lots in the R1-106 zone may have an interior lot frontage within the following ranges: i) Single detached dwelling 9 -10.9 metres ii) Semi-detached dwelling 15 -17.9 metres e. Yard Requirements (minimum) i) Front Yard 6 metres to private garage or carport, 4 metres to dwelling, 2 metres to porch ii) Exterior Side Yard 3 metres iii) Interior Side Yard a) Single detached dwelling 1.2 metres on one side and 0.6 metres on the other side b) Semi-detached Dwelling 1.2 metres on one side and nil where buildings have a common wall with any building on an adjacent lot in the same zone iv) Rear Yard 7.5 metres f. 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. g. Building Height (maximum) 12 metres h. Number of Storeys (maximum) 3 storeys i. Parking Space Requirements (minimum) i) Semi-detached dwellings 2 parking spaces per dwelling j. Parking spaces provided in the front yard for single detached and semi- detached dwellings must not reduce the minimum soft landscaping within the front yard below 30 percent. k. Driveway width (maximum) i) Single detached dwellings with an 11 metre frontage or greater 6.0 metres ii) Single detached dwellings with a frontage of 9 metres to 10.9 metres 4.6 metres iii) Semi-detached dwellings 3.5 metres l. 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 55% of the width of the lot frontage. m. Height of floor deck of unenclosed porch located in the front yard (maximum) 1.5 metres n. 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. o. Special Provisions for the Removal of the (H) Holding Symbol i) In addition to the general provisions of the Official Plan and Section 3.10 of this Zoning By-law, with respect to the removal of the (H) Holding symbol, Council shall only enact a by-law to remove the (H) Holding Symbol from the R1-106 zone once the following provisions have been satisfied: a) The existing Nash Road is closed and any new roads that are required to achieve safe access are constructed prior to the issuance of any Ontario Building Code permits associated with the development. b) An updated Functional Servicing and Stormwater Management Report and the Fluvial Geomorphic Assessment to the satisfaction of the Conservation Authority and the Municipality of Clarington for the proposed stormwater diversion from the Bowmanville Creek catchment area to the Brookhill Tributary. 2. Section 14.6 “Special Exceptions – Urban Residential Type Three (R3) Zone” is hereby amended by adding thereto, the following new Special Exception Zone 14.6.86 as follows: 14.6.86 Urban Residential Exception (R3-86) Zone Notwithstanding Sections 3.1 g. iv), 3.16 c. iii), 14.1, 14.3 a., c. ii), iii), iv), e., g., and h., those lands zoned R3-86, shall only be used for the permitted uses listed in the R3-86 zone and shall be subject to the following regulations and the applicable provisions not amended by the R3-86 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. 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 d. 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 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. b) 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. e. Building Height (minimum) 9 metres f. Building Height (maximum) 12 metres g. 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. h. Driveway width (maximum) 3 metres i. 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. j. Height of floor deck of unenclosed porch located in the front yard (maximum) 1.5 metres k. 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. l. Special Provisions for the Removal of the (H) Holding Symbol i) In addition to the general provisions of the Official Plan and Section 3.10 of this Zoning By-law, with respect to the removal of the (H) Holding symbol, Council shall only enact a by-law to remove the (H) Holding Symbol from the R1-106 zone once the following provisions have been satisfied: a) The existing Nash Road is closed and any new roads that are required to achieve safe access are constructed prior to the issuance of any Ontario Building Code permits associated with the development. b) An updated Functional Servicing and Stormwater Management Report and the Fluvial Geomorphic Assessment to the satisfaction of the Conservation Authority and the Municipality of Clarington for the proposed stormwater diversion from the Bowmanville Creek catchment area to the Brookhill Tributary. 3. Section 15.4 “Special Exceptions – Urban Residential Type Four (R4) Zone” is hereby amended by adding thereto, the following new Special Exception Zone 15.4.55 as follows: 15.4.55 Urban Residential Exception (R4-55) Zone Notwithstanding the provisions of Sections 3.1 g. iv), 3.16 c. iii), 15.1, and 15.2 those lands zoned R4-55 shall only be used for the permitted uses listed in the R4- 55 zone and shall be subject to the following regulations and the applicable provisions not amended by the R4-55 zone: a. Permitted Residential Uses: i) Stacked townhouse dwelling ii) Link townhouse dwelling iii) A home occupation, in accordance with the provisions of Section 3.11B of this By-law. b. The minimum outdoor amenity area shall be 4 square metres per unit. The minimum required outdoor amenity area for each residential unit must be located within the same subdivision block where the residential unit is located and must be a common area where all residential units have access to. c. Density (minimum) 40 units per hectare d. 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. e. No garage shall be located in yards adjacent to a public street. f. Regulations for Stacked Townhouse Dwellings: i) Yard requirements: a) Front yard to an improved public street or private street 4.5 metres (minimum) to 7.5 metres (maximum) b) Exterior side yard to an improved public street or private street 4.5 metres (minimum) to 7.5 metres (maximum) c) Interior side yard (minimum) 4.5 metres d) Interior side yard separation between buildings without common wall (minimum) 3.0 metres e) Rear yard (minimum) 6 metres ii) Dwelling Unit Area (minimum) 85 square metres iii) Lot Coverage (maximum) 65 percent iv) Landscaped Open Space (minimum) 25 percent v) Building Height a) Minimum 3 storeys b) Maximum 6 storeys vi) Height of floor deck of unenclosed porch located in the front yard (maximum) 1.5 metres g. Regulations for Link Townhouse Dwellings: 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. ii) 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. iii) Lot Area (minimum) 100 square metres iv) Lot Frontage (minimum) 5 metres v) Yard Requirements (minimum): a) Front Yard 6 metres to garage or carport, 3.0 metres to dwelling, 1.5 metres to porch b) Interior Side yard 1.2 metres, nil where building has a common wall with any building on an adjacent lot in the same zone c) Rear Yard 6 metres d) Rear Yard adjacent to a private street 6 metres to private garage, 3 metres to dwelling, 1.5 metres to porch vi) Lot Coverage (maximum) 67 percent vii) An unenclosed and uncovered deck or balcony with a minimum height of 2.5 metres may project into any minimum required front or rear yard setback to a maximum of 3 metres provided it is located over a parking space at grade. The area of the deck will not count towards lot coverage. viii) Landscaped Open Space (minimum) 25 percent ix) Parking spaces provided in the front yard must not reduce the minimum soft landscaping within the front yard below 30 percent. x) Building Height a) Minimum 3 storeys b) Maximum 6 storeys xi) Height of floor deck of unenclosed porch located in the front yard (maximum) 1.5 metres