HomeMy WebLinkAbout2003-153
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW N0.2003-153
being a By-law to amend Zoning By-law 84-63, as amended, as it applies
to certain lands in Bowmanville between Liberty Street and Mearns
Avenue
WHEREAS, Report #PSD-115 respecting the King Street Corridor Study Final
Report was received by Council's General Purpose and Administration
Committee at its meeting on September 22, 2003;
AND WHEREAS, in the Final Report the Municipality's consultants, Urban
Strategies Inc. and Totten Sims Hubicki, recommended that the Municipality take
certain actions to implement the Report, including the adoption of amendments to
the Bowmanville East Main Central Area Secondary Plan and the passing of
amendments to Zoning By-law 84-63, as amended,
AND WHEREAS, by the passing of By-law 2003-152, Council adopted
Amendment No. 36 to the Bowmanville East Main Central Area Secondary Plan,
NOW THEREFORE, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. By-law 84-63 as amended is amended by amending the map contained in
Schedule "3" of the aforesaid By-law 84-63 by deleting the zone
boundaries and symbols applicable to the lands identified as the "Lands to
Which This By-law Applies" on the map contained in Schedule "A"
attached to and forming part of this By-law, and by replacing them with the
zone boundaries and symbols shown on the map contained in Schedule
"A" attached to this By-law.
2. By-law 84-63 as amended is further amended by deleting Section 16.5.3
respecting lands zoned C1-3, on the map contained in Schedule "3"
attached to the aforesaid By-law 84-63 as amended by this By-law, and by
replacing it with a new Section 16.5.3 as follows:
"16.5.3 GENERAL COMMERCIAL EXCEPTION (C1-3) ZONE
(1) Notwithstanding the provisions of Sections 16.1(a), 16.1(b), 16.2(b),
16.3 (a), 16.3 (b) and 16.3(d), no person shall use any land or erect
or use any building or structure located in a C1-3 zone for any
residential or non-residential purpose unless the provisions of this
Section and the applicable provisions of the aforesaid By-law 84-63
are satisfied:
i) With respect to residential uses, Section 16.1 (a) is amended
to include, "iii) an apartment building"
ii) With respect to non-residential uses, adrive-through facility
shall not be erected or used in a C1-3 zone, unless:
(a) the lot on which the drive through facility is located has
an area of at least 3,000 square metres;
(b) any loud speaker used to broadcast either a human
voice or music to the exterior of the building or structure
containing the drive through facility which is affixed to
the surface or other portion of the building or structure,
or is affixed to or is mounted on a stand adjacent to an
order board used by customers and located on the lot,
and all portions of the stacking lane are located at least
12 metres from the boundary of any residential zone.
and at least 12 metres from the lot line of a lot on which
an apartment building, a single detached dwelling, a
semi-detached dwelling, a street townhouse dwelling or
a triplex dwelling is erected;
(c) a stacking lane is provided and maintained on the lot on
which the drive-through facility is located which stacking
lane has a minimum length of 72 metres, a minimum
width of 3 metres and any entrance to it is located a
minimum of 18 metres from a portion of a street line
which coincides with any portion of a lot line of the lot;
(d) no part of a stacking lane is so located that at any time
any motor vehicle which uses it will block, impede or
interfere with the use of parking spaces required to be
provided on the lot on which the drive-through facility is
located;
(e) notwithstanding Section 16.5.3(1)(v)(a) and (b), a
building or structure erected or used for the purpose of
adrive-through facility is set back on the lot on which it
is located not more than 5 metres from the portion of a
King Street East street line which coincides with the lot
line of the lot on which the drive through restaurant is
located;
(f) no portion of the stacking lane and no motor vehicle
parking spaces or drive aisle to any of such parking
spaces are located within the setback area referred to
in Section 16.5.3(1)(ii)(e);
(g) a direct pedestrian walkway at least 1.5 metres wide
which does not intersect with or cross the stacking lane
is provided and maintained on the lot from the portion of
a King Street East street line which coincides with a lot
line of the lot to an entrance in the building containing
the drive-through facility; and
(h) notwithstanding the number of parking spaces required
by Section 3.15(a) of the aforesaid By-law 84-63, not
less than 12 parking spaces for each 100 square
metres or any portion thereof of the gross floor
contained in the building or structure erected or used
for the purpose of the drive through facility, are
provided and maintained on the lot.
iii) Notwithstanding Section 16.5.3(1)(ii)(c) and (h), a drive-
through facility which is not a drive-through eating
establishment; adrive-through eating establishment, drive-
in; or adrive-through eating establishment, take-out, are
permitted if they satisfy the other provisions of Section
16.5.3(1)(ii) and this By-law and the following requirements:
(a) a stacking lane is provided and maintained on the lot,
which stacking lane has a minimum length of 24 metres,
a minimum width of 3 metres and any entrance to it is
located a minimum of 18 metres from a portion of a
street line which coincides with any portion of a lot line of
the lot; and
(b) not less than 1 parking space for each 30 square metres
of gross floor area contained in the building or structure,
is provided and maintained on the lot.
iv) With respect to a lot zoned C1-3, yards with the widths set
out below shall be provided and maintained on the lot as
follows:
(a) Front Yard -a minimum width of 4.5
metres and a maximum width
of 6.5 metres,
(b) Exterior Side Yard -a minimum width of 4.5
metres and a maximum width
of 6.5 metres, except where
the building or structure has a
gross floor area not exceeding
250 square metres which
abuts any portion of the
southerly limit of King Street
East, the exterior side yard
shall have a minimum width of
3.0 metres and a maximum
width of 4.0 metres,
(c) Interior Side Yard -a minimum width of 7.5
metres, except where an
abutting lot is within a
residential zone, the interior
side yard shall have a
minimum width of 10.0
metres,
(d) Rear Yard -a minimum width of 10.5
metres, except where an
abutting lot is in a residential
zone, the rear yard shall have
a minimum width of 15.0
metres.
v) With respect to lots within the C1-3 zone the following
regulations shall be complied with:
(a) Building Height -buildings erected or used on
a lot shall not exceed 6 stories
above grade provided that
notwithstanding Section
16.5.30(1)(iv)(a) and (b) the
third and higher stories of the
building facing King Street is
set back not less than 1.5
metres from the upward
projection of the wall of the
second storey of the building
which faces a portion of a
King Street East street line,
(b) Lot Coverage -a maximum of 35 percent,
(c) Landscaped Open Space: -part of the landscaped open
space shall be provided and
maintained on a lot and shall
comprise areas having a
minimum depth of 1.5 metres
from the front lot line and from
each of the exterior lot lines,
except where a driveway or
walkway is located within 1.5
metres from the front lot line
or an exterior lot line in which
case no landscaped open
space is required to be
provided in such area,
(d) Parking Space Location: -notwithstanding Section
3.15(e)(iii) of the aforesaid By-
law 84-63, parking spaces
shall not be located in the
required front yard or in a
required exterior side yard.
vi) Sections 3.6(b) and 3.15(e)(iii) of the aforesaid By-law 84-63
do not apply to land, buildings or structures located in a C1-3
zone.
vii) In this Section, the term:
°drive-through facility" means the use of land, buildings or
structures, or part thereof, to provide or dispense products or
services, either wholly or in part, through an attendant or a
window or an automated machine, to customers remaining in
motor vehicles located in a stacking lane. Adrive-through
facility may be in combination with other uses such as a
bank or financial institution, dry cleaning establishment, dry
cleaning distribution centre, eating establishment, eating
establishment drive-in, eating establishment, take-out, motor
vehicle fuel bar, motor vehicle service station, retail
commercial establishment, service shop, light, service shop,
personal, shopping centre, or supermarket. Despite the
above, adrive-through facility does not include a motor
vehicle wash;
"residential zone" means an Urban Residential Type One
(R1) Zone, Urban Residential Type Two (R2) Zone, Urban
Residential Type Three (R3) Zone, and an Urban Residential
Type Four (R4) Zone and the term includes Special
Exceptions to any of these zones provided in the aforesaid
By-law 84-63; and
"stacking lane" means an on-site queuing lane for motor
vehicles which is separated from other vehicular traffic and
pedestrian circulation by barriers, markings or signs.
(2) Notwithstanding the provisions of Section 16.5.3(1), in a C1-3 zone
all uses that in fact were made of land, building or structures, and
all buildings or structures that in fact were constructed and existed
on October 19, 2003, and were not prohibited by the provisions of
the aforesaid By-law 84-63 on October 19, 2003, shall be deemed
to be permitted by the provisions of the aforesaid By-law 84-63, as
amended by this By-law."
3. By adding a new Section 16.5.30 respecting lands zoned C1-30 on
Schedule "3" attached to the aforesaid By-law 84-63 as amended by this
By-law, as follows:
"16.5.30 GENERAL COMMERCIAL EXCEPTION (C1-30) ZONE
(1) Notwithstanding the provisions of Sections 16.1(a), 16.1(b), 16.2(b),
16.3 (a), 16.3 (b) and 16.3(d), no person shall use any land or erect
or use any building or structure located in a C1-30 zone for any
residential or non-residential purpose unless the provisions of this
Section and the applicable provisions of the aforesaid By-law 84-63
are satisfied:
i) With respect to residential uses, Section 16.1 (a) is amended
to include, "iii) an apartment building".
ii) With respect to non-residential uses adrive-through facility
shall not be erected or used on lands within a C1-30 zone,
unless:
(a) the lot on which the drive-through facility is located has
an area of at least 3,000 square metres;
(b) any loud speaker used to broadcast either a human
voice or music to the exterior of the building or structure
containing the drive-through facility which is affixed to
the surface or other portion of the building or structure,
or is affixed to or is mounted on a stand adjacent to an
order board used by customers and located on the lot,
and all portions of the stacking lane are located at least
12 metres from the boundary of any residential zone and
at least 12 metres from the lot line of a lot on which an
apartment building, a single detached dwelling, a semi-
detached dwelling, a street townhouse dwelling or a
triplex dwelling is erected;
(c) a stacking lane is provided and maintained on the lot on
which the drive-through facility is located which stacking
lane has a minimum length of 72 metres, a minimum
width of 3 metres and entrance to it is located a
minimum of 18 metres from a portion of a street line
which coincides with any portion of a lot line of the lot;
(d) no part of a stacking lane is so located that at any time
any motor vehicle which uses it will block, impede or
interfere with the use of parking spaces required to be
provided on the lot on which the drive-through facility is
located;
(e) notwithstanding Section 16.5.30(1)(iv)(a) and (b), a
building or structure erected or used for the purpose of
adrive-through facility is set back on the lot on which it
is located not more than 5 metres from the portion of a
King Street East street line which coincides with the lot
line of the lot on which the drive through restaurant is
located;
(f) no portion of the stacking lane and no motor vehicle
parking spaces or drive aisle to any of such parking
spaces are located within the setback area referred to
in Section 16.5.30(1)(ii)(e);
(g) a direct pedestrian walkway at least 1.5 metres wide
which does not intersect with or cross the stacking lane
is provided and maintained on the lot from the portion of
King Street East which coincides with a lot line of the lot
to an entrance in the building containing the to the
drive-through facility; and
(h) notwithstanding the number of parking spaces required
by Section 3.15(a) of the aforesaid By-law 84-63, not
less than 12 parking spaces for each 100 square
metres or any portion thereof of the gross floor
contained in the building or structure erected or used
for the purpose of the drive-through facility, are
provided and maintained on the lot.
iii) Notwithstanding Section 16.5.30(1)(ii)(c) and (h), a drive-
through facility which is not a drive-through eating
establishment; adrive-through eating establishment, drive-
in; or adrive-through eating establishment, take-out, are
permitted if they satisfy the other provisions of Section
16.5.30(1)(ii) and this By-law and the following requirements:
(a) a stacking lane is provided and maintained on the lot,
which stacking lane has a minimum length of 24 metres,
a minimum width of 3 metres and any entrances to it is
located a minimum of 18 metres from a portion of a
street line which coincides with any portion of a lot line of
the lot; and
(b) not less than 1 parking space for each 30 square metres
of gross floor area contained in the building or structure,
are provided and maintained on the lot.
iv) With respect to lots zoned C1-30, yards with the widths set
out below shall be provided and maintained on the lot as
follows:
(a) Front Yard -a minimum width of 1.5
metres and a maximum width
of 2.0 metres,
(b) Exterior Side Yard -a minimum width 1.5 metres
and a maximum width of 2.0
metres,
(c) Interior Side Yard -a minimum width of 1.5
metres, except (i) where the
building on the lot has a
common wall with a building
located on an abutting lot, in
which case an interior side
yard is not required, and (ii)
where an abutting lot is within
a residential zone, the interior
side yard shall have a
minimum width of 5 metres,
(d) Rear Yard -a minimum width of 5 metres,
except where an abutting lot
is within a residential zone,
the rear yard shall have a
minimum width of 10 metres.
v) With respect to lots within the C1-30 zone, the following
regulations shall be complied with:
(a) Buildings erected or used on a lot zoned C1-30 shall not
exceed 6 stories above grade provided that
notwithstanding Section 16.5.30(1)(iv)(a) and (b) the
third and higher stories of the building facing King Street
are set back not less than 1.5 metres from the upward
projection of the wall of the second storey of the building
which faces a portion of a King Street East street line.
(b) Part of the landscaped open space shall be provided
and maintained on a lot and shall comprise areas
having a minimum depth of 1.5 metres from the front lot
line and from each of the exterior lot lines, except where
a driveway or walkway is located within 1.5 metres from
the front lot line or an exterior lot line in which case no
landscaped open space is required to be provided in
such area,
(c) The length of a business establishment facade erected
or used on a lot with a lot frontage on King Street East
shall not be less than 50% of the length of the lot
frontage.
(d) A minimum of 25% of the business establishment fagade
shall be constructed of transparent glass.
(e) Notwithstanding Section 3.15(e)(iii) of the aforesaid By-
law 84-63, parking spaces shall not be located in the
front yard or in an exterior side yard required by Section
16.5.30(1)(iv)(a) and (b).
vi) Sections 3.6(b) and 3.15(e)(iii) of the aforesaid By-law 84-63
do not apply to land, buildings or structures located in a C1-
30 zone.
(2) Notwithstanding the provisions of Section 16.5.30(1), in a C1-30
zone all uses that in fact were made of land, buildings or structures,
and all buildings or structures that in fact were constructed and
existed on October 19, 2003 and were not prohibited by the
provisions of the aforesaid By-law 84-63 on October 19, 2003, shall
be deemed to be permitted by the provisions of the aforesaid By-
law 84-63, as amended by this By-law. This subsection 16.5.30(2)
does not apply to the lands and premises known for municipal
purposes in 2003 as 195 King Street East, Bowmanville.
(3) In this Section, the term:
"business establishment" means a building which contains any one
or more non-residential uses permitted in a C1-30 zone, whether or
not the building is part of a shopping centre;
"business establishment facade" means the portion of the exterior
wall located between finished grade and the level which is 3 metres
above finished grade of a business establishment which wall faces
King Street East;
"drive-through facility" means the use of land, buildings or
structures, or part thereof, to provide or dispense products or
services, either wholly or in part, through an attendant or a window
or an automated machine, to customers remaining in motor
vehicles located in a stacking lane. Adrive-through facility may be
in combination with other uses such as a bank or financial
institution, dry cleaning establishment, dry cleaning distribution
centre, eating establishment, eating establishment drive-in, eating
establishment, take-out, motor vehicle fuel bar, motor vehicle
service station, retail commercial establishment, service shop, light,
service shop, personal, shopping centre, or supermarket. Despite
the above, adrive-through facility does not include a motor vehicle
wash;
"residential zone" means an Urban Residential Type One (R1)
Zone, Urban Residential Type Two (R2) Zone, Urban Residential
Type Three (R3) Zone, and an Urban Residential Type Four (R4)
Zone and the term includes Special Exceptions to any of these
zones provided in the aforesaid By-law 84-63; and
"stacking lane" means an on-site queuing lane for motor vehicles
which is separated from other vehicular traffic and pedestrian
circulation by barriers, markings or signs."
4. By-law 84-63 as amended is further amended by adding a new Section
14.6.24 respecting lands zoned R3-24 on Schedule "3" attached to the
aforesaid By-law 84-63 as follows:
"14.6.24 URBAN RESIDENTIAL EXCEPTION (R3-24) ZONE
(1) Notwithstanding Sections 3.15(e)(iv), 14.1(a), 14.1(b), 14.2, 14.3(c),
14.4(c) and 14.4(g), no person shall use any land or erect or use
any building or structure in an R3-24 zone for any purpose unless
the provisions of this Section and the applicable provisions of the
aforesaid By-law 84-63 are satisfied:
(a) Only an apartment building, link townhouse dwellings,
stacked townhouse dwellings, or street townhouse dwellings
may be erected and used on a lot;
(b) In the cases of street townhouse dwellings, yards with the
widths set out below shall be provided and maintained on
the lot as follows:
i) Front Yard -a minimum width of 4.5
metres and a maximum width
of 6.5 metres,
ii) Interior Side Yard -1.5 metre, except (i) where a
building has a common wall
with a building on an adjacent
lot located in the R3-24 zone,
in which case no interior side
yard is required, and (ii)
where the lot line is also the
boundary of a different zone,
in which case an interior side
yard of 4.5 metres wide is
required,
iii) Exterior Side Yard -a minimum width of 4.5
metres and a maximum width
of 6.5 metres,
iv) Rear Yard -a minimum width of 7.5
metres.
(c) In the cases of link townhouse dwellings, yards with the
widths set out below shall be provided and maintained on
the lot as follows:
i) Front Yard -a minimum width of 4.5
metres and a maximum width
of 6.5 metres,
ii) Interior Side Yard -a minimum width of 4.5
metres,
iii) Exterior Side Yard -a minimum width of 4.5
metres and a maximum width
of 6.5 metres,
iv) Rear Yard -a minimum width of 7.5
metres.
(d) Also in the case of link townhouse dwellings the following
regulations shall be complied with:
(i) the maximum building height shall be 10.5 metres;
and
(ii) notwithstanding Section 3.15(e)(iv) of the aforesaid
By-law 84-63, parking spaces shall not be located in
the required front yard or in a required exterior side
yard.
(e) In the case of stacked townhouse dwellings yard shall be
provided and maintained on the lot as follows:
i) Front Yard -a minimum width of 4.5
metres and a maximum width
of 6.5 metres,
ii) Interior Side Yard -a minimum width of 4.5
metres,
iii) Exterior Side Yard -a minimum width of 4.5
metres and a maximum width
of 6.5 metres,
iv) Rear Yard -a minimum width of 7.5
metres.
(f) Also in the case of stacked townhouse dwellings, the
following regulations shall be complied with:
i) Dwelling Unit Area -minimum of 85 square
metres,
ii) Lot Coverage -maximum 40%,
iii) Landscaped Open Space -minimum 40%,
iv) Building Height -maximum 4 stories,
v) Parking Space Location: -notwithstanding Section
3.15(e)(iv) of the aforesaid
By-law 84-63, parking spaces
shall not be located in the
required front yard or in a
required exterior side yard.
(g) In the case of an apartment building, yards with the widths
set out below shall be provided and maintained on the lot as
follows:
i) Front Yard -a minimum width of 4.5
metres and a maximum width
of 6.5 metres,
ii) Interior Side Yard -a minimum width of 7.5
metres,
iii) Exterior Side Yard -a minimum width of 4.5
metres and a maximum width
of 6.5 metres,
iv) Rear Yard -a minimum width of 7.5
metres,
(h) Also in the case of an apartment building, the following
regulations shall be complied with:
i) Dwelling Unit Area (minimum)
a) Bachelor Dwelling Unit 40 square metres
b) One Bedroom Dwelling Unit 55 square metres
c) Two Bedroom Dwelling Unit 70 square metres
d) Dwelling Unit Containing Three
or more bedrooms 80 square metres
plus 7 square
metres for each
bedroom in excess
of three
ii) Lot Coverage -maximum 40%,
iii) Landscaped Open Space -minimum 40%,
w
iv) Building Height -maximum 4 stories,
v) Parking Space Location: -notwithstanding Section
3.15(e)(iii) of the aforesaid By-
law 84-63, parking spaces
shall not be located in the
required front yard or in a
required exterior side yard.
(2) .Notwithstanding any other provision of this By-law, no portion of the
lot shall be used to provide motor vehicle access directly from it to
King Street East, nor to provide motor vehicle access from any
portion of the lot to Galbraith Court nearer than 25 metres northerly
from the northerly street line of King Street East.
(3) For the purposes of this Section, the term "stacked townhouse
dwelling" means one of a group of three or more building units
separated vertically and/or horizontally."
5. By-law 84-63 as amended is further amended by adding a new Section
15.4.25 respecting lands zoned R4-25 on Schedule "3" attached to the
aforesaid By-law 84-63, as follows:
"15.4.25 URBAN RESIDENTIAL EXEMPTION (R4-25) ZONE
(1) Notwithstanding Sections 3.15(e)(iv), 15.1(b), 15.2, 15.2(c), 15.2(f)
and 15.2(g) no person shall use a lot or erect or use a building or
structure in an R4-25 zone for any purpose unless the provisions of
this Section and the applicable provisions of the aforesaid By-law
84-63 are satisfied:
(a) Only an apartment building or a nursing home may be
erected and used on a lot provided the lot has a minimum lot
frontage of 40 metres.
(b) Yards with the widths set out below shall be provided and
maintained on the lot as follows:
i) Front Yard -a minimum width of 4.5
metres and a maximum width
of 6.5 metres,
ii) Interior Side Yard -a minimum width of 7.5
metres,
iii) Exterior Side Yard -a minimum width of 4.5
metres and a maximum width
of 6.5 metres,
iv) Rear Yard -a minimum width of 7.5
metres,
v) Parking Space Location: -notwithstanding Section
3.15(3)(iv) of the aforesaid
By-law 84-63, parking spaces
shall not be located in the
required front yard or in a
required exterior side yard.
(c) Part of the landscaped open space shall comprise areas
having a minimum depth of 1.5 metres from the front lot line
and from each of the exterior lot lines, except where a
driveway or walkway is located within 1.5 metres from the
front lot line or an exterior lot line in which case no
landscaped open space is required to be provided in such
area.
(d) A building erected or -used on a lot zoned R4-25 shall not
exceed 6 stories above grade provided that notwithstanding
Sections 15.4.25(b)(i) and (iii), the third and higher stories of
the building which face King Street East are set back not
less than 1.5 metres from the upward projection of the wall
of the second storey of the building which faces a portion of
King Street East.
(2) Notwithstanding the provisions of Section 15.4.25(1), in a R4-25
zone all uses that in fact were made of land, buildings or structures,
and all buildings or structures that in fact were constructed and
existed on October 19, 2003 and were not prohibited by the
provisions of the aforesaid By-law 84-63 on October 19, 2003, shall
be deemed to be permitted by the provisions of the aforesaid By-
law 84-63, as amended by this By-law."
6. By-law 84-63 as amended is further amended by adding a new Section
15.4.26 respecting lands zoned R4-26 on Schedule 3 attached to the
aforesaid By-law 84-63 as amended by this By-law, as follows:
"15.4.26 URBAN RESIDENTIAL EXCEPTLON (R4-26) ZONE
(1) Notwithstanding Sections 3.15(e)(iv), 15.2(b), 15.2(e) and 15.2(g),
no person shall use any land or erect or use any building or
structure in a R4-26 zone unless the provisions of this Section and
the applicable provisions of the aforesaid By-law 84-63 are
satisfied:
(a) Only an apartment building may be erected and used on a
lot, provided that the lot has a minimum lot frontage of 40
metres.
(b) Yards with the widths set out below shall be provided and
maintained on the lot:
i) Front Yard -a minimum width of 4.5
metres and a maximum width
. of 6.5 metres,
ii) Interior Side Yard -a minimum width of 7.5
metres,
iii) Exterior Side Yard -a minimum width of 4.5
metres and a maximum width
of 6.5 metres,
iv) Rear Yard -a minimum width of 7.5
metres,
v) Parking Space Location: -notwithstanding Section
3.15(3)(iv) of the aforesaid
By-law 84-63, parking spaces
shall not be located in the
required front yard or in a
required exterior side yard.
(c) Part of the landscaped open space shall comprise areas
having a minimum depth of 1.5 metres from the front lot line
and from each of the exterior lot lines, except where a
driveway or walkway is located within 1.5 metres from the
front lot line or an exterior lot line in which case no
landscaped open space is required to be provided in such
area.
(d) Buildings erected or used on a lot zoned R4-26 shall not
exceed 6 stories above grade provided that notwithstanding
Sections 15.4.26(b)(i) and (iii), the third and higher stories of
the building facing King Street are set back not less than 1.5
metres from the upward projection of the wall of the second
storey of the building which faces a portion of a King Street
East street line.
(2) Notwithstanding the provisions of Section 15.4.26(1), in a C1-30
zone all uses that in fact were made of land, buildings or structures,
and all buildings or structures that in fact were constructed and
existed on October 19, 2003 and were not prohibited by the
provisions of the aforesaid By-law 84-63 on October 19, 2003, shall
be deemed to be permitted by the provisions of the aforesaid By-
law 84-63, as amended by this By-law."
7. By-law 84-63 as amended is further amended by adding a new Section
15.4.27 respecting lands zoned R4-27 on Schedule 3 attached to the
aforesaid By-law 84-63 as amended by this By-law, as follows:
"15.4.27 URBAN RESIDENTIAL EXCEPTION (R4-27) ZONE
(1) Notwithstanding Sections 15.2(c)(i), no person shall use any land or
erect or use any building or structure in a R4-27 zone unless the
provisions of this Section and the applicable provisions of the
aforesaid By-law 84-63 are satisfied:
(a) front yard (minimum) 30 metres
8. By-law 84-63 as amended is further amended by adding a new Section
15A. respecting lands zoned "P1" on Schedule "3" attached to the
aforesaid By-law 84-63 as amended by this By-law by adding a new
Section 15A as follows:
"15A MAJOR INSTITUTIONAL (P1) ZONE
15A.1 PERMITTED USES
a) hospital,
b) medical or dental clinic, and
c) nursing home.
15A.2 REGULATIONS FOR PERMITTED USES
a) Lot Area (minimum) -2000 square metres
b) Lot Frontage (minimum) -20 metres
c) Yard Requirements (minimum)
i) Front yard -6 metres
ii) Exterior side yard -6 metres
iii) Interior side yard -5 metres, except 10
metres where the abutting
lot is within a residential
zone
.
iv) Rear yard -5 metres, except 10
metres where the abutting
lot is within a residential
zone.
d) Lot Coverage (maximum) -40%
e) Landscaped Open Space (minimum) -30%
f) Height of Building (maximum) -6 stories
15A.3 RESIDENTIAL ZONE
In this Section the term "residential zone" means an Urban
Residential Type One (R1) Zone, Urban Residential Type Two (R2)
Zone, Urban Residential Type Three (R3) Zone, and an Urban
Residential Type Four (R4) Zone and the term includes Special
Exceptions to any of these zones provided in the aforesaid By-law
84-63."
9. If a Court of competent jurisdiction declares any provision, or any part of
any provision of this By-law to be invalid or to be of no force and effect, it
is the intention of the Council in enacting this By-law that each and every
other provision and part of a provision of it, shall remain in full force and
effect.
BY-LAW read a first time this loth day of October 2003
BY-LAW read a second time this loth day of October 2003
20th October
BY-LAW read a third time and finally passed this day of 2003
John IVlutton - - -- _
_ -~-~
P tti L. rrie, nicipal Cterk
A + I
"
This is Schedule" A" to By-law 2003-153 ,
passed this ~(lrh day of ~~~or , 2003 A.D.
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Zoning Change From "R1-5" To "P1" -Zoning Change From "C1-21" TO "C1-30"
° ° °d Zoning Change From "R3" TO "(H)R3" ~ Zoning Change From "R4" TO "(H)C1-30"
Zoning Change From "(H)C2" TO "(H)R3-24" ~/////~i ~'Loning Change From "C1" TO "(H)C1-30"
Zoning Change From "R1-3" TO "R4-25" Zoning Change From "(H)C1" TO "(H)C1-30"
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Zoning Change From "R1" TO "(H)R4-26" Zoning Change From-"C7" TO "(H)C1-30"
1=~ Zoning Cha~ge From "R4" TO "R4-27" - - - _ -lam
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John Mutton, Mayor BOWf11at7V1~~@ P~,~t1~L B 'e, Municipal Clerk
~-
ISSUE DATE:
Nov. 1, 2004
DECISION/ORDER NO: , PL031269
1723 ®®i`~-
Ontario
Ontario Municipal Board
Commission des affaires municipales de ('Ontario
Hendry Investments Limited., the TDL Group Ltd. and the owner of 258 King Street East have
appealed to the Ontario Municipal Board under subsection 17(24) of the Planning Act, R.S.O.
1990, c. P. 13, as amended, from a decision of the Municipality of Clarington to approve
Proposed Amendment No. 36 to the Official Plan for the Municipality of Clarington to implement
the recommendations of the Bowmanville King Street East Corridor Study
O.M.B. File No. 0030412
Hendry Investments Limited., the TDL Group Ltd. and the owner of 258 King Street East have
appealed to the Ontario Municipal Board under subsection 34(19) of the Planning Act, R.S.O.
1990, c. P. 13, as amended, against Zoning By-law 2003-153 of the Municipality of_ CI,~,ri.llgtgn .
yf, 4 4.~~h h ~ ryl.
O.M.B. Fite No. R030286
E+ 8 TTL.i~I N ! H ~ li ~I ~ t ~I~
APPEARANCES . ~ ~14~4
6 ,.~....~...w...,,...~._ ..t.p,..T~.,,.
Parties Counsel*/Agent
~~r."~,.. _.....~r,.,.,
Town of Clarington D. Hefferon* 6
Simonian Family I. Kagan* ~
Hendry investments Limited G. Broll . , ,
MEMORANDUM OF ORAL DECISION DELIVERED BY J. P. ATCHESON ON
ON OCTOBER 19. 2004 AND ORDER OF THE BOARD
This hearing of the Board results from a procedural order of the Board issued on
August 26, 2004 and numbered 1383 and further amended by the Board's
Decision/order No. 1520) issued September 17, 2004. The hearing dealt with the
appeals from Official Plan Amendment No. 36 of the Municipality of Clarington. This
amendment proposes to amend the Clarington Official Plan and the Bowmanville East
Main Central Area Secondary Plan to implement the recommendations of the
Bowmanville King Street East Comprehensive Corridor Study. This Study also
recommended major revisions to the existing Zoning By-law. These changes are
contained in Zoning By-law Amendment No. 2003-153 which is also part of the matters
before the Board.
- 2 - PL031269
Since the issuing of the procedural orders, the Municipality and the parties have
been working to resolve the matters surrounding the appeal.
The TDL Group in a letter dated September 17, 2004 to the Board has withdrawn
all its appeals.
The Board dismisses the appeal of the TDL group in its entirety. If the
Municipality wishes to seek costs against the TDL Group then it should make the
appropriate motion in accordance with the Board's procedures.
At the commencement of the hearing Mr. Hefferon, the solicitor for the
Municipality, indicated that a settlement with the remaining appellants has been
reached.
Exhibit 6 (Tab 7) contained the minutes of settlement between the Municipality of
Clarington and Hendry Investment Limited respecting 252 King St. East and 9 St.
George Street in south Bowmanville.
Exhibit 6 (Tab 9) contains the minutes of settlement between the Municipality of
Clarington and the owners of 258 King Street East in Bowmanville.
The Council of the Municipality of Clarington has approved the minutes of
settlement by By-law 2004-191 and By-law 2004-221 respectively.
The Board heard uncontradicted evidence from the planner for the Municipality
about the studies that had been undertaken by the Municipality for the King Street East
corridor in Bowmanville. It is clear to the Board that the Municipality has followed good
planning practices and is developing contemporary land use, transportation, and site
plan design criteria for this part of the community. The Bowmanville King Street East
Corridor Study's final report and filed as Exhibit 8 was approved by Council in
September 2003. It attests to the Municipality's determination to implement new
standards for this area of the Municipality. It is the planner evidence that Official Plan
Amendment No. 36 and Zoning By-law Amendment 2003-153 implement the findings of
this study. It is equally clear to the Board that the Municipality and the appellants have
been working diligently to find a common ground in meeting their personal development
objectives while maintaining the new planning strategies established for this part of
- 3 - PL031269
Bowmanville. Planning in the context of the King Street East Corridor Study must be a
dynamic and fluid process.
The Board is satisfied by the uncontradicted evidence that the modification
agreed to by the parties as they relate to Official Plan Amendment No. 36 and Zoning
By-law 2003-153 represent good planning and should be approved. It was brought to
the Board's attention that during the review and settlement process a number of clerical
and number errors in By-law 2003-153 were discovered. These are all minor and
clerical in nature and affect only By-law 2003-153 and do not require further notification.
The Board approves Official Plan Amendment 36 with the following modification
as contained in Attachment "1" and orders that Amendment No. 36, as modified, be
approved.
The Board allows the appeals of Hendry Investment Limited for 9 St. George
Street in south Bowmanville and 252 King Street East, and those appeals of the
Simonian Family, and the owners of 258 King Street East in Bowmanville but only in so
far as they reflect the minutes of settlement found in Exhibit 6.
All other appeals are dismissed.
In order to give effect to this decision the Board orders that By-law 2003-153 be
amended as set out in Attachment "2".
So orders the Board.
"J. P. Atcheson"
J. P. ATCHESON
MEMBER
- 4 - PL031269
Attachment "1"
REQUESTED MODIFICATIONS TO AND
APPROVAL OF AMENDMENT NO. 36
TO THE OFFICIAL PLAN FOR
THE MUNICIPALITY OF CLARINGTON
In order to implement the Minutes of Settlement between the Municipality of Clarington
and Hendry Investments Limited dated July 20, 2004 and the Minutes of Settlement
between the Municipality of Clarington and Hovane Simonian, Beatrice Simonian, Seta
Simonian and Taline Simonian dated October 12, 2004, the Board orders the following
modifications to the provisions of proposed Amendment No. 36 to the Official Plan for
the Municipality of Clarington which amends, inter alia, the provisions of the
Bowmanville East Main Central Area Secondary Plan ("Secondary Plan") as set out
below and as so modified approves Amendment No. 36:
1. By modifying Section 12 of proposed Amendment No. 36 which adds new
Clauses 8.4 1 and 2 thereto, by adding a new Clause 8.4.3 as follows:
"8.4 3. In addition to the uses permitted by clause 1 of this Section, on the lands
known for municipal purposes in 2004 as 258 King Street East, a single
building may be constructed and used with a mix of residentia! uses and
such commercial uses that Council considers to be appropriately limited in
scale and type having regard to the capacity, operations and safety of
King Street East and Galbraith Court and to the compatibility with adjacent
residential uses provided that:
a) A minimum of 50 % of the gross floor area of the building is
constructed and used for residential purposes; and
b) Commercial uses do not exceed a maximum of 400 square
metres."
2. By modifying Section 20 of proposed Amendment No. 36 which adds a new
Section 13.2 to the Secondary Plan by:
-deleting Clause 13.2(c),
-adding the word "and" at the end of Clause 13.2(a), and
-deleting the word "and" at the end of Clause 13.2(b) and changing the
punctuation at the end of Clause 13.2(b) to a period.
3. By modifying Section 21 which adds a new Section 13.4 to the Secondary Plan
by deleting the last sentence therefrom, and by adding at the end of Section 13.4
the following new sentence:
- 5 - PL031269
"In the event Council of the Municipality of Clarington is of the opinion that an
integrated system of private lanes is not likely to be provided in whole or in part,
Council shall investigate the possibility of establishing (1) an integrated system of
public and private lanes, (2) an integrated system of public lanes, or (3) the
extension of Queen Street between St. George Street South and Frank Street on
an appropriate alignment in order to achieve the intent of this Section 13.4."
4. By modifying Map B, Land Use East Business District, contained in Exhibit "C" to
Official Plan Amendment 36 by deleting from it the Queen Street Extension from
the easterly limit of St. George Street South to the westerly limit of Frank Street.
5. By modifying the designation of the lands known for municipal purposes in 2004
as 252 King Street East, Bowmanville shown on Map B, Land Use East
Bowmanville District, contained in Exhibit "C" to Amendment No. 36, from
"Medium Density Residential" to "High Density Residential".
- 6 - PL031269
Attachment " 2"
BY-LAW NO 2004-223
being a by-law to amend Municipality of Clarington
Zoning By-law 2003-153
WHEREAS Hendry Investments Limited ("Hendry"), the TDL Group Ltd. and the owner
of 258 King Street East, Bowmanville appealed to the Ontario Municipal Board from a
decision of the Municipality of Clarington to approve Proposed Amendment No. 36 to
the Official Plan for the Municipality of Clarington and against Zoning By-law 2003-153
of the Municipality of Clarington (OMB File Nos. 0030412 and R030286);
AND WHEREAS the beneficial owners of 258 King Street East, Bowmanville are
Hovane Simonian, Beatrice Simonian, Seta Simonian and Taline Simonian (collectively,
"Simonian") own 258 King Street East, Bowmanviile;
AND WHEREAS Hendry is the beneficial owner of 252 King Street East and 9 St.
George Street South, Bowmanville;
AND WHEREAS by letter dated September 17, 2004 from Cassels Brock on behalf of
TDL Group Ltd. to the Board, TDL Group Ltd.'s appeals were withdrawn;
AND WHEREAS by Minutes of Settlement dated July 20, 2004, contained in Exhibit 6,
Tab 7, the Municipality of Clarington and Hendry have settled Hendry's appeals on the
terms set out therein;
AND WHEREAS by Minutes of Settlement dated October 12, 2004, contained in Exhibit
6, Tab 9, the Municipality of Clarington and the Simonians have settled the Simonian's
appeals on the terms set out therein;
- 7 - PL031269
AND WHEREAS the implementation of these settlements requires, inter alia, the
amendment of Municipality of Clarington Zoning By-law 2003-153;
AND WHEREAS by approval of Report #PSD-123-04 at its meeting on October 12,
2004, the Municipality of Clarington has requested that the Ontario Municipal Board
make certain additional amendments to Zoning By-law 2003-153 in order to correct
certain technical errors in the By-law,
NOW THEREFORE, the Ontario Municipal Board hereby approves the Zoning By-law
Amendment in the manner as follows:
1. Municipality of Clarington Zoning By-law 2003-153 is amended as follows:
(a) With respect to the lands known for municipal purposes in 2004 as 258
King Street East, Bowmanville, by amending Section 14.6.24 which is
added to Zoning By-law 84-63, as amended by Section 4 of By-law 2003-
153, as follows:
(i) by deleting from subsection 14.6.24(1) the words and figures:
"Notwithstanding Sections 3.15(e)(iv), 14.1(x), 14.1(b), 14.2, 14.3(c),
14.4(c) and 14.4(g)"
and by replacing them with the following words and figures:
"Notwithstanding Sections 3.6, 3.13(x), 3.16(e), 3.17, 3.22, 14.1, 14.2,
14.3(c), 14.4(x), 14.4(b) and 14.4(c)";
(ii) by deleting paragraph 14.6.24(1)(x) and by replacing it with the following:
"(a) Only an apartment building, link townhouse dwellings, stacked
townhouse dwellings, street townhouse dwellings, or a single
mixed use building containing a combination of residential uses
and commercial uses permitted by this Section, may be erected
and used on the lot.";
(iii) by adding new paragraphs 14.6.24(1)(1) and (j) as follows:
"(i) with respect to the single mixed used building that may be
constructed or used on the lot,
- 8 - PL031269
i) the permitted commercial uses are the following:
- a business, professional or administrative office
- a dry cleaners distribution centre which does not contain
more than 200 square metres of gross commercial floor
area
- a laundry, coin operated, which does not contain more
than 200 square metres of gross commercial floor area
- a service shop, personal, which does not contain more
than 200 square metres of gross commercial floor area
- a retail commercial establishment which is not a general
merchandise store and which does not contain more than
200 square metres of gross commercial floor area
- either a convenience store or a drugstore, neither of which
may contain more than 100 square metres of gross
commercial floor area
- a video store which does not contain more than 100
square metres of gross commercial floor area;
ii) the permitted residential uses are dwellings which have
individual or a common entrance from street level and the
occupants of which have equal rights to the use of all
common halls and/or stairs and/or elevators and/or yards
serving the residential uses within the permitted mixed use
building;
iii) the permitted mixed use building shall not contain an
eating establishment or adrive-through facility;
iv) the total amount of the gross commercial floor area
contained in the permitted mixed use building shall not
exceed 400 square metres;
v) the permitted mixed use building shall contain an amount
of gross residential floor area which is at least equal to
50% of the aggregate of the gross residential floor area
and gross commercial floor area contained in the building;
(j) also, with respect to the mixed use building that may be
constructed or used on the lot,
(i) a front yard and an exterior side yard shall be provided and
maintained on the lot with a minimum width of 1.5 metres
and a maximum width of 2.0 metres;
(ii) the building shall be set back a minimum distance of 10
metres from the northerly lot line and a minimum distance
of 5.0 metres from the westerly lot line;
- 9 - PL031269
(iii) the building shall not be less than 2 stories nor more than
4 stories above grade;
(iv) the length of a business establishment fagade of the
building on the lot with a lot frontage on King Street East
shall not be less than 50% of the length of the lot frontage;
(v) landscaped open space at least 3.0 metres wide abutting
the northerly and the westerly limits of the lot, respectively,
comprising a total area of at least 30% of the area of the
lot, shall be provided and maintained on the lot;
(vi) at the northwest corner of King Street East and Galbraith
Court, within the triangle space formed by the street lines
and a line drawn from a point in one street line to a point in
the other street line, each such point being 5.0 metres
measured along the street line from the point of
intersection of the street lines, no motor vehicle, as defined
in the Highway Traffic Act, as amended, shall be parked,
no building or structure which would obstruct the vision of
drivers of motor vehicles shall be erected, and, no land
shall be used for the purposes of growing shrubs or trees
in excess of 0.75 metres in height.
(vii) one loading space with a minimum width of 4.0 metres and
a minimum length of 9.0 metres shall be provided and
maintained for the permitted mixed use building on the lot;
(viii) notwithstanding the "Parking Space Requirement Table"
contained in Section 3.16(a) of the aforesaid By-law 84-63,
minimum off-street parking spaces shall be provided and
maintained on the lot as follows:
- for commercial uses contained in the permitted mixed
use building, 1 parking space for each 30 square
metres of gross commercial floor area, and
- for dwellings contained in the permitted mixed use
building, parking spaces shall be provided at the
following rates:
- 1 bedroom apartment - 1 space per unit
- 2 bedroom apartment - 1.25 spaces per unit
- a dwelling containing - 1.5 spaces per unit,
3 or more bedrooms
provided that parking spaces shall not be located in a
required front yard or in an exterior side yard.
- 10 - PL031269
(iv) by deleting Subsection 14.6.24(2) and by replacing it with the following:
"(2) Notwithstanding any other provision of this By-law, no portion of
the lot shall be used to provide motor vehicle access directly from
it to King Street East, nor to provide motor vehicle access from
any portion of the lot to Galbraith Court which is nearer than 25
metres northerly from the northerly street line of King Street East
and which is nearer than 7.5 metres southerly from the northerly
lot line of the lot."
(v) by deleting subsection 14.6.24(3) and by replacing it with a new
Subsection 14.6.24(3) as follows:
"(3) For the purposes of this Section, the term
"business establishment" means a building which contains any
one or more commercial uses permitted by this By-law;
"business establishment facade" means the portion of the exterior
wall located between finished grade and the level which is 3
metres above finished grade of a business establishment which
wall faces King Street East;
"drive-through facility" has the same meaning that it is assigned by
Subsection 16.5.30(3);
"drug store" means part of a permitted mixed use building which is
used primarily for the combination of storage and display for the
retail sale of non-prescription medicines, health and beauty aids,
personal hygiene products, confectionary items, stationary, and a
prescription pharmacy;
"floor area" means the total horizontal area of a floor or floors;
"general merchandise store" means a retail commercial
establishment primarily accommodating the sale of a variety of
commodities which include all or several representatives of the
following categories of merchandise: clothing, hardware, home
furnishings, household appliances, sporting goods and toys.
However, the term "general merchandise store" does not include a
convenience store, a drug store, and a speciality retail store
engaged primarily in the sale of a particular commodity such as,
but not limited to, a book store, a clothing store, a jewellery store
and a shoe store;
"gross commercial floor area" means the total of the floor area of
each floor of the permitted mixed use building measured from the
exterior face of the exterior walls, whether such floor is above or
- 11 - PL031269
below finished grade, which is designed and/or used for permitted
commercial purposes, but excluding any part of the building used
for mechanical equipment, parking, loading, common garbage
storage, elevators, stairs or storage below finished grade. Where
a floor is used for both residential and commercial uses permitted
by this By-law, the gross commercial floor area shall be measured
from the exterior face of exterior walls and/or the centre line of
interior walls separating the commercial uses from the residential
uses;"
"gross residential floor area" means the total of the floor area of
each floor of the permitted mixed use building measured from the
exterior face of the exterior walls, excluding garages, mechanical
equipment, parking, loading, common garbage storage, elevators,
stairs, cellars, unfinished attics, and sunrooms which are not
habitable year round. Where two or more dwellings share a
common wall, gross residential floor area shall be measured from
the centre line of the common wall. Gross residential floor area
shall also include common indoor areas located within the
building. Where a floor is used for both permitted residential and
permitted commercial uses, the gross residential floor area shall
be measured from the exterior face of exterior walls and/or the
centre line of interior walls separating the residential uses from the
commercial uses;
"stacked townhouse dwelling" means one of a group of three or
more building units separated vertically and/or horizontally; and
"video store" means a retail commercial establishment contained
in the permitted mixed use building which is used primarily for the
sale or rental of video tapes or DVD discs to individual customers.
(b) With respect to the lands known for municipal purposes in 2004 as 252
King Street East, Bowmanville, by amending Section 15.4.27 which is
added to Zoning By-law 84-63, as amended by Section 7 of By-law No.
2003-153, by deleting therefrom Clause 15.4.27(1)(a) and by adding new
Clauses 15.4.27(1)(a), (b), (c) and (d) and new Subsection 15.4.27(2) as
follows:
"15.4.27 URBAN RESIDENTIAL EXCEPTION (R4-27) ZONE
(1) Notwithstanding Sections 3.16 and 15.2(c) (g) (h) and (i), no person shall
use any land or erect or use any building or structure in a R4-27 zone
unless the provisions of this section and the applicable provisions of the
aforesaid By-law 84-63 are satisfied:
(a) Only an apartment building may be erected and used on a lot,
provided that the lot has a minimum lot frontage of 40 metres.
- 12 - PL031269
(b) Yards with the widths set out below shall be provided and
maintained on the lot:
i) Front Yard -a minimum width of 4.5
metres and a maximum
width of 6.5 metres,
ii) Interior Side Yard -a minimum width of 7.5
metres,
iii) Exterior Side Yard -a minimum width of 4.5
metres and a maximum width
of 6.5 metres,
iv) Rear Yard -a minimum width of 7.5
metres,
v) Parking Space Location -notwithstanding Section
3.16 (e)(iv) of the aforesaid
By-law 84-63, parking
spaces shall not be located
in the required front yard or
in a required exterior side
yard.
(c) Part of the landscaped open space shall comprise areas having a
minimum depth of 1.5 metres from the front lot line and from each
of the exterior lot lines, except where a driveway or walkway is
located within 1.5 metres from the front lot line or an exterior lot
line in which case no landscaped open space is required to be
provided in such area.
(d) Buildings erected or used on a lot zoned R4-27 shall not exceed 6
stories above grade, provided that notwithstanding Section
15.4.27(b)(i) and (iii), the third and higher stores of the building
facing King Street are set back not less than 1.5 metres from the
upward projection of the wall of the second storey of the building
which faces a portion of a King Street East street line.
(2) Notwithstanding the provisions of Section 15.4.27(1), in a R4-27 zone all
uses that in fact were made of land, buildings or structures, and all
buildings or structures that in fact were constructed and existed on
October 19, 2003 and were not prohibited by the provisions of the
aforesaid By-law 84-63 on October 19, 2003, shall be deemed to be
permitted by the provisions of the aforesaid By-law 84-63, as amended by
this By-law."
- 13 - PL031269
(c) With respect to the technical amendments requested by the Municipality of
Clarington by deleting, replacing with or adding references to sections of
By-law 2003-153 set out below:
Replace with or Add
Section or Recital Delete Reference to
I I
First Recital ~ Report #PSD-115 I Report #PSD-115-03
~ 14.6.24(1) ~ 3.15(e)iv) ~ 3.16(e)(iv)
~ 14.6.24(1)(d)(ii) ~ 3.15(e)(iv) ~ 3.16(e)(iv)
~ 14.6.24(1)(f)(v) i 3.15(e)(iv) (3.16(e)(iv) ~
14.6.24(1)(h)(v) ~ 3.15(e)(iii) ~ 3.16(e)(iii) ~
15.4.25(1) ~ 3.15(e)(iii) 13.16(e)(iii)
15.4.25(1) 15.2 15.2(b), delete "and" before
15.2(g), and add after
15.2(g) "and 15.2(i)"
15.4.25(1)(b)(v) 13.15(3)(iv) ~ 3.16(e)(iv)
15.4.26(1) i 3.15(e)(iv) (3.16(e)(iv) ~
15.4.26(1) 15.2(e) 15.2(c), add 15.2(f) after
15.2(c) and add "and
15.2(i)" after 15.2(g)
15.4.26(1)(b)(v) 13.15(3)(iv) 13.16(e)(iv)
15.4.26(2)(e) ~ C1-30 I R4-26
~ 16.5.3(1)(ii)(e) 116.5.3(1)(v)(a) 116.5.3(1)(iv)(a) I
116.5.3(1)(ii)(h) ~ 3.15(a) ~ 3.16(a)
116.5.3 (1)(v)(d) (3.15(e)(iii) 13.16(e)(iii) ~
16.5.3(1)(vi) 13.6(b) and 3.15(e)(iii) 13.7(b) and 3.16(e)(iii)
~ 16.5.30(1)(ii)(h) 13.15(a) ~ 3.16(a)
16.5.30(1)(v)(e) 13.15(e)(iii) (3.16(e)(iii)
16.5.30(1)(vi) 13.6(b) and 3.15(e)(iii), respectively ~ 3.7(b) and 3.16(e)(iii)