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.
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MAYOR
DEPUTY CLERK