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HomeMy WebLinkAbout2025-073 - OLT-22-003362The Corporation of the Municipality of Clarington By-law Number 2025-073 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-2018-0027 Now therefore the Ontario Land Tribunal (OLT) amends By-law 84-63 s follows: Section 13.4 "Special Exceptions — Urban Residential Type Two (R2) Zone" is hereby amended by adding thereto, the following new Special Exception Zone 13.4.97 as follows: 13.4.97 Urban Residential Exception (R2-97) Zone Notwithstanding Sections 2, 3.1.g.iv, 13.1, 13.2. a), b), c) i., iii, g) those lands zoned R2-97 shall only be used for a single -detached dwelling subject to the following regulations and the applicable provisions not amended by the R2-97 zone: a. Definitions "Building Height" shall mean the vertical distance, measured between the Average Finished Grade and: 1. In the case of a flat roof, the highest point of the roof surface; and 2. In the case of a mansard roof, the deck roof line; and 3. In the case of a gable, hip or gambrel roof, the average height between the eaves and ridge. In calculating the height of a building, roof constructions such as bulkheads, penthouses and similar constructions enclosing equipment or stairs which are less than 6 metres in height do not occupy mor than 30 percent of the area of the roof upon which they are located, and accessory roof construction, such as chimneys, towers, steeples or antennae, shall be excluded. ii. "Dwelling Height" shall mean the vertical distance, measured between the lowest fixed grade, and 1. In the case of a flat roof, the highest point of the roof surface; and 2. In the case of a mansard roof, the deck roof line; and 3. In the case of a gable, hip or gambrel roof, the average height between the eaves and ridge. iii. "Fixed Grade" shall mean the elevation of the ground at the front lot line measured at the midpoint of a lot. b. Lot Area (minimum) c. Lot Frontage (minimum) i) Interior Lot ii) Exterior Lot d. Yard Requirements (minimum) 310 square metres 10 metres 13.0 metres i) Front Yard 6.0 metres to private garage or carport; 4.5 metres to dwelling. ii) Exterior Side Yard 3.5 metres iii) Interior Side Yard 1.2 metres e. Building Height(maximum) 11 metres f. Balconies, canopies, unenclosed porches, patios, ramps, or decks attached to or directly abutting the principal or main building; either above or below grade; may project into any required front, side, or rear yard to a distance of not more than 1.5 metres, but in no instance shall a required front or side yard be reduced to below 0.6 metres. Stairs accessing a porch, deck or patio may be permitted to encroach an additional 1.5 metres, but in no instance shall a required yard be reduced to below 0.6 metres. A second floor deck may be permitted to project into a required front or rear yard to a distance of not more than 3.5 metres. Section 13.4 "Special Exceptions — Urban Residential Type Two (R2) Zone" is hereby amended by adding thereto, the following new Special Exception Zone 13.4.98 as follows: 13.4.98 Urban Residential Exception (R2-98) Zone Notwithstanding Sections 2, 3.1.g.iv, 13.1, 13.2. a), b), c) i., iii, g) those lands zoned R2-98 shall only be used for a single -detached dwelling subject to the following regulations and the applicable provisions not amended by the R2-98 zone: a. Definitions i. "Building Height" shall mean the vertical distance, measured between the Average Finished Grade and: 1. In the case of a flat roof, the highest point of the roof surface; and 2. In the case of a mansard roof, the deck roof line; and 3. In the case of a gable, hip or gambrel roof, the average height between the eaves and ridge. In calculating the height of a building, roof constructions such as bulkheads, penthouses and similar constructions enclosing equipment or stairs which are less than 6 metres in height do not occupy mor than 30 percent of the area of the roof upon which they are located, and accessory roof construction, such as chimneys, towers, steeples or antennae, shall be excluded. ii. "Dwelling Height" shall mean the vertical distance, measured between the lowest fixed grade, and 1. In the case of a flat roof, the highest point of the roof surface; and 2. In the case of a mansard roof, the deck roof line; and 3. In the case of a gable, hip or gambrel roof, the average height between the eaves and ridge. iii. "Fixed Grade" Shall mean the elevation of the ground at the front lot line measured at the midpoint of a lot. b. Lot Area (minimum) c. Lot Frontage (minimum) i) Interior Lot ii) Exterior Lot d. Yard Requirements (minimum) 360 square metres 11.6 metres 14.6 metres i) Front Yard 6.0 metres to private garage or carport; 4.5 metres to dwelling. ii) Exterior Side Yard 4.5 metres iii) Interior Side Yard 1.2 metres e. Building Height (maximum) 11 metres Balconies, canopies, unenclosed porches, patios, ramps, or decks attached to or directly abutting the principal or main building; either above or below grade; may project into any required front, side, or rear yard to a distance of not more than 1.5 metres, but in no instance shall a required front or side yard be reduced to below 0.6 metres. Stairs accessing a porch, deck or patio may be permitted to encroach an additional 1.5 metres, but in no instance shall a required yard be reduced to below 0.6 metres. A second floor deck may be permitted to project into a required front or rear yard to a distance of not more than 3.5 metres. Section 13.4 "Special Exceptions — Urban Residential Type Two (R2) Zone" is hereby amended by adding thereto, the following new Special Exception Zone 13.4.99 as follows: 13.4.99 Urban Residential Exception (R2-99) Zone Notwithstanding Sections 2, 3.1.g.iv, 13.1, 13.2. a), b), c) i., iii, g) those lands zoned R2-99 shall only be used for a single -detached dwelling subject to the following regulations and the applicable provisions not amended by the R2-99 zone: a. Definitions "Building Height" shall mean the vertical distance, measured between the Average Finished Grade and: 1. In the case of a flat roof, the highest point of the roof surface; and 2. In the case of a mansard roof, the deck roof line; and 3. In the case of a gable, hip or gambrel roof, the average height between the eaves and ridge. In calculating the height of a building, roof constructions such as bulkheads, penthouses and similar constructions enclosing equipment or stairs which are less than 6 metres in height do not occupy mor than 30 percent of the area of the roof upon which they are located, and accessory roof construction, such as chimneys, towers, steeples or antennae, shall be excluded. ii. "Dwelling Height" shall mean the vertical distance, measured between the lowest fixed grade, and 1. In the case of a flat roof, the highest point of the roof surface; and 2. In the case of a mansard roof, the deck roof line; and 3. In the case of a gable, hip or gambrel roof, the average height between the eaves and ridge. iii. "Fixed Grade" Shall mean the elevation of the ground at the front lot line measured at the midpoint of a lot. b. Lot Area (minimum) c. Lot Frontage (minimum) d. Lot Depth e. Yard Requirements (minimum) Front Yard 275 square metres 12.8 metres 21.5 metres 6.0 metres to private garage or carport; 4.5 metres to dwelling. ii. Interior Side Yard 1.2 metres iii. Rear Yard 6 metres f. Building Height g. Lot Coverage (maximum) 11.5 metres 45 percent h. Balconies, canopies, unenclosed porches, patios, ramps, or decks attached to or directly abutting the principal or main building; either above or below grade; may project into any required front, side, or rear yard to a distance of not more than 1.5 metres, but in no instance shall a required front or side yard be reduced to below 0.6 metres. Stairs accessing a porch, deck or patio may be permitted to encroach an additional 1.5 metres, but in no instance shall a required yard be reduced to below 0.6 metres. A second floor deck may be permitted to project into a required front or rear yard to a distance of not more than 3.5 metres. Section 14.6 "Special Exceptions — Urban Residential Type Three (R3) Zone" is hereby amended by adding thereto, the following new Special Exception Zone 14.6.88 as follows: 14.6.88 Urban Residential Exception (R3-88) Zone Notwithstanding Sections 2, 3.1.g.iv, 3.16 d., 14.1 a., 14.4. a), c) i., ii., iii, iv., e), f), g) those lands zoned R3-88 shall only be used for Link Townhouse Dwellings, Back to Back Townhouse Dwellings, and Dual Frontage Townhouse Dwellings to the following regulations and the applicable provisions not amended by the R3-88 zone: a. Definitions "Building Height" shall mean the vertical distance, measured between the Average Finished Grade and: 1. In the case of a flat roof, the highest point of the roof surface; and 2. In the case of a mansard roof, the deck roof line; and 3. In the case of a gable, hip or gambrel roof, the average height between the eaves and ridge. In calculating the height of a building, roof constructions such as bulkheads, penthouses and similar constructions enclosing equipment or stairs which are less than 6 metres in height do not occupy mor than 30 percent of the area of the roof upon which they are located, and accessory roof construction, such as chimneys, towers, steeples or antennae, shall be excluded. ii. "Dwelling Height" shall mean the vertical distance, measured between the lowest fixed grade, and 1. In the case of a flat roof, the highest point of the roof surface; and 2. In the case of a mansard roof, the deck roof line; and 3. In the case of a gable, hip or gambrel roof, the average height between the eaves and ridge. iii. "Dwelling, Back to Back Townhouse" shall mean one of a group of four or more attached dwelling units, separated vertically by common walls, including a common rear wall, each of which has an independent entrance from the outside. iv. "Dwelling, Dual Frontage Townhouse" shall mean one of a group of three or more attached dwelling units, separated vertically by common walls, each of which has an independent entrance from the outside, and that fronts onto two Improved Public Streets. v. "Fixed Grade" Shall mean the elevation of the ground at the front lot line measured at the midpoint of a lot. b. Density Minimum 36 units per net hectare ii. Maximum number of Townhouse units 84 Units c. Parking Aisle Width (minimum) 6.5 metres d. Bicycle Parking (minimum) 6 spaces e. Outdoor Amenity Space (minimum) i. Private (minimum) ii. Common (minimum) f. Visitor Parking (minimum) 3.2 square metres per unit 600 square metres 19 spaces Of the total Visitor Parking, minimum number of Barrier Free Spaces required 3 spaces g. Lot coverage shall be a maximum of 40% of the entire site. h. Minimum Landscaped Open Space shall be 25% of the entire site. i. Where a Townhouse Dwelling Lot is a through lot with frontage on both an Improved Public Street and a Private Street (Lane), the lot line along the Improved Public Street shall be deemed to be the Front Lot Line. For purposes of calculating building height, the lot line abutting a private lane shall be used. j. Building Standards a) Requirements for Link Townhouse Dwellings (Minimum) i. Front Yard 7 metres ii. Interior Side Yard iii. Exterior Side Yard iv. Rear Yard v. Building Height (maximum) b) Requirements for Back to Back Townhouse Dwellings i. Front Yard 1.5 metres, nil where a building has a common wall with any adjacent unit in the same zone 3.5 metres 7 metres 12.5 metres (maximum) 4 metres ii. Interior Side Yard iii. Exterior Side Yard iv. Rear Yard v. Building Height (maximum) 1.5 metres, nil where a building has a common wall with any adjacent unit in the same zone 3.25 metres 7 metres 14 metres c) Requirements for Dual Frontage Townhouse Dwellings (minimum) Front Yard ii. Exterior Side Yard iv v 3 metres to dwelling 1. Abutting a public street 3 metres to dwelling 2. Abutting a public sidewalk or walkway 1.2 metres to dwelling 3. End Unit Non -Corner 1.2 metres to dwelling Interior Side Yard Rear Yard 1.2 metres, Nil where a building has a common wall with any adjacent unit in the R3-88 Zone. 5.7 metres A second floor deck may be permitted to project into a required front or rear yard to a distance of not more than 3.5 metres. vi. Building Height (maximum) 14 metres k. Balconies, canopies, unenclosed porches, patios, ramps, or decks attached to or directly abutting the principal or main building; either above or below grade; may project into any required front, side, or rear yard to a distance of not more than 1.5 metres, but in no instance shall a required front or side yard be reduced to below 0.6 metres. Stairs accessing a porch, deck or patio may be permitted to encroach an additional 1.5 metres, but in no instance shall a required yard be reduced to below 0.6 metres. A second floor deck may be permitted to project into a required front or rear yard to a distance of not more than 3.5 metres. I. Yard Requirements (minimum) for Watermeter Building i. Setback from a private lane or municipal right of way 3.5 metres ii. Setback to dwelling unit Nil Schedule `3' to By-law 84-63, as amended, is hereby further amended by changing the zone from: "Agricultural (A) Zone" to "Urban Residential Exception (R2-97) Zone" "Agricultural (A) Zone" to "Urban Residential Exception (R2-98) Zone" "Agricultural (A) Zone" to "Urban Residential Exception (R2-99) Zone" "Agricultural (A) Zone" to "Urban Residential Exception (R3-88) Zone" "Agricultural (A) Zone" to "Environmental Exception (EP -7) Zone" as illustrated on the attached Schedule 'A' hereto. Schedule 'A' attached hereto shall form part of this By-law. 1. This By-law shall come into effect on the date of issuance of the Order of the Ontario Land Tribunal under Ontario Land Tribunal Case No.: OLT-22-003362, subject to the provisions of Sections 34 and 36 of the Planning Act. Approved by Order of the Ontario Land Tribunal Decision dated January 28, 2025 (OLT Case Number OLT-22-003362) This is Schedule `A' to By-law 2025-073 approved by the Ontario Land Tribunal File No.: OLT-22-003362 in its order issued January 28, 2025 � J U w � i HWW Y Q McPHAILAVENUE _ ___ Q O z w w (7 BASELINE ROAD O Zoning Change From A' To '(H)R3-88' Q Zoning Change From 'ATo (H)R2-97' Zoning Change From 'A' To (H)R2-98' Zoning Change From 'A' To '(H)R2-99' Zoning Change From 'A' To '(H)EP-7' N x Bowmanville • ZBA 2018-0027 • Schedule 3