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HomeMy WebLinkAbout97-76 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97-76 being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle, now the Corporation of the Municipality of Clarington to regulate Apartments-in-Houses. WHEREAS Section 6.3.7 within the Municipality of Clarington Official Plan provides provisions for Apartments-in-Houses; AND WHEREAS Section 34 of the Planning Act R.S.O. 1990, provides that by-laws may be passed by the Council of a Municipality regulating land uses including Apartments-in- Houses; AND WHEREAS Ontario Regulation 384/94 enacted by Bill 120 sets standards specific to Apartments-in-Houses created prior to November 16, 1995; AND 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 to regulate apartments in houses. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 2 'DEFINITIONS" is hereby amended by adding the following definition for "APARTMENT-IN-HOUSE" after the definition of "APARTMENT BUILDING". "APARTMENT-IN-HOUSE shall mean a self-contained second dwelling unit within a permitted residential single detached or semi-detached dwelling created through converting part of or adding onto a dwelling unit. The apartment-in-house shall be used or intended to be used by one or more persons and shall contain sanitary facilities, a kitchen and a heating system. The apartment-in-house shall have a private entrance from outside the building or from a common hallway or stairway inside the building." 2. Section 3 "GENERAL ZONE PROVISIONS" is hereby amended by: i) renumbering subsections 3.14(a)(v) to read 3.14(a)(vi) and inserting the following new subsection 3.14(a)(v): "3.14 a(v) Apartment-in-House 1 parking space" Apartment-in-House in existence prior to November 16, 1995 nil ii) renumbering subsection 3.2 through to 3.23 inclusive to read 3.3 to 3.24 and inserting the following new subsection 3.2: - 2 - "3.2 APARTMENT-IN-HOUSE a) An apartment-in-house shall be permitted within a single detached or semi-detached dwelling located within the "Urban Residential Type One (111)", "Urban Residential Type Two (R2)" and "Urban Residential Type Three (113)" zones inclusive of all exception zones except those exception zones shown on Schedule 13 (Orono) of the Comprehensive Zoning By-law, as amended, and the minimum floor area for an "apartment-in-house" shall be 40 square metres. b) i) Notwithstanding subsection (a), any apartment-in-house which existed prior to the date of passing of this By-law and is located within a single or semi-detached dwelling, is a permitted use. ii) Notwithstanding subsection (a), any apartment-in-house which existed prior to November 16, 1995 and is located within a street townhouse or link townhouse in an urban area is a permitted use." 5. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this 28th day of April 1997. BY-LAW read a second time this 28th day of April 1997. BY-LAW read a third time and finally passed this 28th day of April 1997. _A;V" ',�. MAYOR DEPUTY CLERK