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HomeMy WebLinkAbout2005-029 .....;.~/ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2005- 029 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 Corporation of the former Town of Newcastle in accordance with application ZBA 2004-034 to permit the development of 2,650 sq.m. of retail commercial and office uses; 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 thereto the following new Special Exception 16.5.39 as follows: "16.5.39 GENERAL COMMERCIAL EXCEPTION (C1-39) ZONE Notwithstanding Sections 3.16 (a) i) and 16.3 (a) i) and (b), those lands zoned C1-39 on the Schedules to this By-law shall also be subject to the following zone regulations: a) Definitions i) Business Establishment Shall mean a building that contains one or more permitted uses within the "C1-39" zone. ii) Business Establishment Facade Shall mean the portion of the exterior wall located between finished grade and the level that is 3 metres above finished grade of a business establishment, which wall faces an existing improved public street. iii) Landscaping Strip Shall mean an area of land used for anyone or more of the planting of trees, shrubs, flowers, grass, or other horticultural elements, such as decorative stonework, fencing, or screening. iv) Street-Related Building Shall mean a building where the business establishment fac;:ade is constructed within 3.0 metres of an existing improved public street. v) Street-Related Entrance Shall mean one of the principal entrances to a business establishment, which shall have a minimum height of 2.1 metres and a minimum width of 0.9 metres and shall be located in the part of the business establishment fac;:ade, which is at or within 0.2 metres above or below finished grade, provided that the street-related entrance shall be recessed from the business establishment fac;:ade a maximum of 2.0 metres. b) Regulations for Non-Residential Uses i) Percentage of lot frontage occupied by a street-related building (minimum) ii) Front yard setback for a street-related building (maximum) 15% 3.0 metres .... 10.0 metres 1 per buildin~ 230m 5.2 metres in length by 2.75 metres in width where such space is perpendicular to a landscaping strip. vii) No building may be used on any portion of the lands zoned C1-39 for one or more of the permitted non-residential uses unless an office building comprising a minimum of 230 m2 of leasable floor area is constructed on the lands." iii) Rear yard setback (minimum) iv) Number of street-related entrances (minimum) v) Office floors pace (minimum) vi) Parking space size 2. Schedule "4" to By-Law 84-63, as amended, is hereby further amended by changing the zone designation from: "Special Purpose Commercial (C5) Zone" and "Holding - Urban Residential Type One ((H)R1) Zone" to "Holding - General Commercial Exception ((H)C1-39) Zone" as shown on the attached Schedule "A" hereto. 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, R.S.O. 1990. By-Law read a first time this 28 day of February 2005 By-Law read a second time this 28 day of February 2005 By-Law read a third time and finally passed this 28 day of February 2005 ~h~~. -- -/^ . ~ . ~ . ~) ---.....--- ." .' " . . . .{~<L' unicipal Clerk 1--......... , r, This is Schedule "A" to By-law 2005- 029 , passed this 28 day of February . 2005 A.D. _ Zoning Change From "C5" To "(H)C1-39" W~t~~t~~1 Zoning Change From "(H)R1" To "(H)C1-39" a~ -I~ \ / ,K.() _, . , J\A I.....J {John Mutton, Mayor ppttf\, B fiie, Municipal Clerk . .. " I t I 11111 I I I I I I I IIIIIIIIIIIIHIIIIIIII NltSH R(MQ II I I .....-l ~ ~ I ~ Courtice