HomeMy WebLinkAbout2013-012 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2013-012
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 former Town of Newcastle for
ZBA 2012-0017;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of
Clarington enacts as follows-
By-law 84-63, as amended, is hereby further amended, as follows:
1. Section 12.4 "SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE (R1)
ZONE" is hereby amended by adding new Special Exceptions as follows:
"SECTION 12.4.87 URBAN RESIDENTIAL EXCEPTION (R1-87) ZONE
Notwithstanding Sections 3.1g.; j. i), iv); 3.16 i. iv); 3.22; 14.1; 14.2; 14.3 a.; b.; c.;
e.; and g.; and h. those lands zoned R1-87 on the Schedules to this By-law shall
only be used for linked dwellings having frontage on both a public lane and a
public street, subject to the following:
a. For the purposes of this Section, the terms:
Dwelling, Linked shall mean a building separated vertically into two separate
dwelling units, which are horizontally connected at the footing, each of which
has an independent entrance directly from the outside of the building and
each of which is located on a separate lot.
Lane, Public shall mean a street or road under the jurisdiction of the
Corporation of the Municipality of Clarington, having a right of way width of 10
metres or less which is maintained so as to allow normal vehicular access to
garages and parking spaces on adjacent properties throughout all seasons of
the year.
i) Lot Area (minimum) 588 sq. metres
ii) Lot frontage (minimum)
a) Interior 19.6 metres
b) Exterior 22.0 metres
b. Yard Requirements (minimum)
i) front yard or exterior side Yard 3.0 metres to dwelling;
1.2 metres to the unenclosed porch;
on a street abutting a municipal sidewalk
3.6 metres to dwelling,
1.5 metres to the unenclosed porch
ii) Interior Side Yard (minimum) 1.2 metres on one side and
0.6 metres on the other side
iii) Rear Yard
a) dwelling to a public lane 13 metres
b) garage to a public lane 1.0 metres
c. Special Yard Regulation
i) dwelling may be attached to the garage by a single storey enclosure not
measuring more than 2.60 metres in width such that the separation
between dwelling and garage on the same lot is a minimum of 6 metres.
ii) a detached private garage may have a 0.0 metre side yard setback
where the detached garage has a common wall with another private
garage on an adjacent lot located in the R1-87 zone.
iii) bay windows with foundations may project into any required yard to a
distance of not more than 0.75 metres with the bay window having a
maximum width of 2.4 metres, but in no instance shall the interior side
yard be reduced below 0.6 metres.
iv) steps may project into the required front or exterior side yard, but in no
instance shall the front or exterior side yard be reduced below 1.0 metre.
d. Visibility Triangle (minimum) 5.0 metres
e. Lot Coverage (maximum)
i) Total for all Buildings and Structures 55 percent
ii) 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 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 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. Height of floor deck of unenclosed porch above finished
grade (maximum) 1.0 metre
g. No parking space shall be located in any front or exterior side yard."
"SECTION 12.4.88 URBAN RESIDENTIAL EXCEPTION (R1-88) ZONE
Notwithstanding Sections 3.1g.; j. i), iv); 3.16 i. iv); 3.22; 14.1; 14.2; 14.3 a.; b.; c.;
e.; g.; and h. those lands zoned R1-88 on the Schedules to this By-law shall only
be used for single detached and linked dwellings, having frontage on both a public
lane and a public street, subject to the following:
a. For the purpose of this Section, the term:
Dwelling, Linked shall mean a building separated vertically into two separate
dwelling units, which are horizontally connected at the footing, each of which
has an independent entrance directly from the outside of the building and each
of which is located on a separate lot.
Lane, Public shall mean a street or road under the jurisdiction of the
Corporation of the Municipality of Clarington, having a right of way width of 10
metres or less which is maintained so as to allow normal vehicular access to
garages and parking spaces on adjacent properties throughout all seasons of
the year.
Lot Area (minimum)
i) Single Detached Dwellings 345 square metres
ii) Linked Dwellings 585 square metres
b. Lot Frontage Interior (minimum)
i) Single Detached Dwelling 11.6 metres
ii) Linked Dwellings 19.6 metres
c. Lot Frontage Exterior (minimum)
i) Single Detached Dwelling 14.5 metres
ii) Linked Dwellings 22.2 metres
d. Yard Requirements (minimum)
i) Front Yard
a) Dwelling 1 3 metres
b) Garage 1.0 metres
ii) Interior Side Yard (minimum)
a) Single Detached Dwelling 1.2 metres
b) Linked Dwelling 1.2 metres on one side and 0.6
metres on the other side
iii) Exterior Side Yard 3.6 metres to dwelling;
1.5 metres to the unenclosed porch
iv) Rear Yard 3.0 metres to dwelling;
1.2 metres to the unenclosed porch
e. Special Yard Regulation
i) dwelling may be attached to the garage by a single storey enclosure not
measuring more than 2.650 metres in width such that the separation
between dwelling and garage on the same lot is a minimum of 6 metres.
ii) a detached private garage may have a 0.0 metre side yard setback where
the detached garage has a common wall with another private garage on an
adjacent lot located in the R1-88 zone.
iii) bay windows with foundations may project into any required yard to a
distance of not more than 0.75 metres with the bay window having a
maximum width of 2.4 metres, but in no instance shall the interior side yard
be reduced below 0.6 metres.
iv) steps may project into the required rear or exterior side yard, but in no
instance shall the front or exterior side yard be reduced below 1.0 metre.
f. Visibility Triangle (minimum) 5.0 metres
g. Lot Coverage (maximum)
i) total of all buildings and structures 55 percent
ii) 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 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 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.
h. Height of floor deck of unenclosed porch above
finished grade (maximum) 1.0 metre
i. Height (maximum) 12.5 metres
2. Schedule 3D and 3G to By-law 84 63 as amended is hereby further amended by
changing the zone designation from:
• "Holding-Urban Residential Exception ((H) R3-37) Zone" to "Holding Urban
Residential Exception ((H) R1-87) Zone",
• "Holding-Urban Residential Exception ((H) R3-38) Zone" to "Holding Urban
Residential Exception ((H) R1-88) Zone", and
• "Holding-Urban Residential Exception ((H) R3-39) Zone" to "Holding-Urban
Residential ((H) R1-79) Zone".
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 Sections 34 and 36 of the Planning Act.
BY-LAW passed in open session this 11th day of February, 2013.
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Adrian Foster Mayor
at i ar 'e, Municipal Clerk
This is Schedule to 2013- 012 1
passed day of February
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