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Home My WebLink About2004-142 ~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2004- 142 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 to prohibit the use of a "drive through facility" (ZBA 2004-015); NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 16.5 "SPECIAL EXCEPTIONS - GENERAL COMMERCIAL (C1) ZONE" is hereby amended by adding a new subsection 16.5.33 as follows: "16.5.33 GENERAL COMMERCIAL EXCEPTION (C1-33) ZONE (1) Notwithstanding the provisions of 16.1 (b), no person shall use any land or erect or use any building or structured located in a C1-33 zone for: i) a drive-through facility. (2) 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. A drive- 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, a drive- through facility does not include a motor vehicle wash." 2. Section 16.5 "SPECIAL EXCEPTIONS - GENERAL COMMERCIAL (C1) ZONE" is hereby amended by adding a new subsection 16.5.34 as follows: "16.5.34 GENERAL COMMERCIAL EXCEPTION (C1-34) ZONE (1) Notwithstanding the provisions of 3.13, 3.16 and 16.1 (b), no person shall use any land or erect or use any building or structured located in a C1-34 zone for any residential or non-residential purpose unless the provisions of this Section and applicable provisions of the aforesaid By- law 84-63 are satisfied: i) a drive-through facility shall not be permitted; ii) permitted non-residential uses are exempt from the parking and loading space requirements. (2) 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. A drive- 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, a drive- through facility does not include a motor vehicle wash." 3. Section 16.5 "SPECIAL EXCEPTIONS ~ GENERAL COMMERCIAL (C1) ZONE" is hereby amended by adding a deleting subsection 16.5.4 and replacing it with a new subsection 16.5.4 as follows: "16.5.4 GENERAL COMMERCIAL EXCEPTION (C1-4) ZONE (1) Notwithstanding the provisions of 16.1 (b), no person shall use any land or erect or use any building or structured located in a C1-4 zone for any residential or non-residential purpose unless the provisions of this Section and applicable provisions of the aforesaid By-law 84-63 are satisfied: i) a drive-through facility shall not be permitted; ii) in addition to the other uses permitted in the C1 Zone, may be used for a dry cleaning establishment which uses a Dry to Dry or Closed Loop System as defined by the Environmental Protection Act. The placement of buildings and structures shall be subject to the zone regulations set out in Section 16.3. (2) 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. A drive- 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, a drive- through facility does not include a motor vehicle wash." 4. Section 16.5 "SPECIAL EXCEPTIONS - GENERAL COMMERCIAL (C1) ZONE" is hereby amended by adding a deleting subsection 16.5.12 and replacing it with a new subsection 16.5.12 as follows: "16.5.12 GENERAL COMMERCIAL EXCEPTION (C1-12) ZONE (1) Notwithstanding the provisions of 16.1(b), 16.3 (a) and (d) and 3.21 (a) no person shall use any land or erect or use any building or structured located in a C1-12 zone for any residential or non-residential purpose unless the provisions of this Section and applicable provisions of the aforesaid By-law 84-63 are satisfied: a) Non-Residential Uses: i) a drive-through facility shall not be permitted -<. b) Regulations: i) front yard (minimum) nil ii) building height (maximum) 17 metres iii) setback requirements where the existing Mill abuts an Environmental Protection (EP) zone 1 metre iv) notwithstanding the setback requirements of Section 3.21 (a), as amended by 16.5.12(b)(iii), any new structure shall be set back a minimum of 30 metres from the edge of the Bowmanville Creek. (2) 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. A drive- 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, a drive- through facility does not include a motor vehicle wash." 5. Section 16.5 "SPECIAL EXCEPTIONS - GENERAL COMMERCIAL (C1) ZONE" is hereby amended by adding a deleting subsection 16.5.25 and replacing it with a new subsection 16.5.25 as follows: "16.5.25 GENERAL COMMERCIAL EXCEPTION (C1-25) ZONE (1) Notwithstanding the provisions of 3.14, 3.16(a), 16.1(b) and 16.3 no person shall use any land or erect or use any building or structured located in a C1-25 zone for any residential or non-residential purpose unless the provisions of this Section and applicable provisions of the aforesaid By-law 84-63 are satisfied: a) Non-Residential Uses: i) a drive-through facility shall not be permitted b) Regulations: i) lot area (minimum) 0.2 hectares ii) lot coverage (maximum) 780 square metres iii) lot frontage (minimum) 35.0 metres iv) lot depth (minimum) 60.0 metres v) front Yard (maximum) 0.3 metres vi) exterior Side Yard (maximum) 0.3 metres vii) building Height (minimum) 3 storeys viii) landscaped open space (minimum) 10% ix) a maximum of 50% of the lot area may be used for the parking of motor vehicles; x) all additions, including handicapped ramps to the heritage resource building located within the "C1-25" zone are limited to the rear yard and/or the interior side yard; xi) where lands zoned "C1-25" abut lands zoned "C1" and the boundary between these two zones is interpreted as a lot line, this provision shall only apply to the regulations contained in this section; xii) notwithstanding Section 16.5.25(b) xi) of this by-law, parking required for lands zoned "C1-25" may be accommodated on abutting lands zoned "C1" and "C1-24. . . (2) In this Section, the term: a) "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. A drive-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, a drive-through facility does not include a motor vehicle wash. b) "Heritage Resource Building" means a building or structure that has been recorded in the Municipality's list of heritage buildings as being a historical and/or architectural importance." 6. Schedule "3" and Schedule "5" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "General Commercial (C1)" to "General Commercial Exception (C1-33); and "General Commercial Exception (C1-1)" to "General Commercial Exception (C1- 34)" as shown on the attached Schedule "A" hereto. 7. Schedule "A" attached hereto shall form part of this By-law. 8. 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 14th day of June 2004 BY-LAW read a second time this 14th day of June 2004 BY-LAW read a third time and finally passed this 14th day of June 2004 JOh{l~~~~.. ... -'. II This is Schedule '~-1" to By-law 2004- 142 ,II . . This is Schedule '~-1" to By-law 2004- 142 passed this 14th day of June , 2004 A.D. , WJh WilMOT STREET ) I I J: I- 0:: o Z I / \ ---l ---l ~ I- W W 0::: l- (/) 'l~~y~ ~ ~ 'l~~~ ~ 'l ~ ~ ~1/ /' 'l 'l"h ~ ~ r//. KING AVENUE EAST 'l~ ~ ~ J: jI~ ~ ~ o (/) J t;J W 0:: l- (/) J: I- 0:: '/.'/, ~ 0~ lj"/~ J: I- 0:: o Z ~ ~ ~~%@ o jI "//. ~ 'l~~0'/ "//. /..0rz.~ '/// KING AVENUE WEST ~~~~ '/ ~ ~~F~ t;Jv/.~ ~~ ~ ~ 5 jI~ w~-~ /,~ 0 ~(/) g: - t;J (/)1-- -w - 0:: ~ 0:: ---l STREET EAST ~ I~I Il I~ t;J ~~w ~ 0::: 77?: ~I- (/) ~ ~ /hI ~ "/~ ~~ ~ (/) z ~ Cl ~I EMilY STREET WEST n I I ~ ZONING CHANGE FROM IC1" TO IC1-33" " - - - ~ - - M.d. '"~ ~::,,~,.;; · \\ ~~ " /ffy /T 1~tt8t h~ ~ m~i ' ~!I - T I '~F"'- f-\---- < NG AVEN.E WEST K"G AVEN"" AST ..lolll ~ <- ~mm, ~\ " ,,'l) Ilr- . '-Y c z m. %~ \ t=: ~ 5" - ~ ~ ~ d~ " , g:=::: It=: ~[]CAROL'NE ErEEii'RB ~ ~ LA'NG ~R'VE : =)/ ~E= L- - t=l:diltIJ g $ I I \ ~ :: 1 I :=' ~\== ill i EDWARD S". W. ; ST E. i -- C ECW;R'O :;~~J I ~ls-' I I i II I ; EDWARD ST. W. ~ ~3nTll U ~. rTTTfTTTTl I. lilT,' ~ r , I 1:>or ~ II, I I I I I l~ .- ~WLlillLJ I IIIII I I I I f-----i LLJ Newcastle II This is Schedule "A" to By-law 2004- L'+~ . ...:" , II This is Schedule "A" to By-law 2004- 142 passed this 14th day of June . 2004 A.D. , ~EjJ~ '\\ \ \ ~ ZONING CHANGE FROM "C1" TO "C1-33" d~~Ef!;"4 ZONING CHANGE FROM "C1-1" TO "C1-34" John Mutton, Mayor Mari lerk / \ \ \\ \ \ BOWMANVILLE