HomeMy WebLinkAbout2005-035
ATTACHMENT 3
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2005-035
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
permit the development of retail commercial and high density residential uses in
accordance with application ZBA 2003-015.
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 thereto the following new Special Exception 16.5.38 as
follows:
"16.5.38 GENERAL COMMERCIAL EXCEPTION (C1-38) ZONE
Notwithstanding Sections 2, 16.1, 16.2, and 16.3, those lands zoned C1-38 on the
Schedules to this By-law shall also be subject to the following zone regulations:
a) Definitions
i) Front Lot Line
For the purposes of measuring the front yard to a building containing
permitted residential uses within a "C1-38" Zone, the front lot line shall be
deemed to be the lot line abutting the improved public street municipally
known as Liberty Street.
Ii) Retirement Home
Shall mean a residential building constructed and used to accommodate
either or both individual retired persons, or couples one of whom is retired,
where each private bedroom or suite has separate washroom facilities and a
separate entrance from a common hall, and common facilities are provided
for the preparation and consumption of food. Common lounges, recreation
rooms, and short-term medical care facilities may also be provided. The term
retirement home includes a home for the aged as defined by the Homes for
the Aged and Rest Home Act.
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b) Permitted Residential Uses
i) apartment building;
ii) nursing home;
iii) retirement home; and,
iv) senior citizens' apartment building.
c) Regulations for Residential Uses
i) Density (max)
100 units per hectare
ii) Yard Requirements
a) front ya rd
4.5 metres (min) - 7.5 metres
(max)
7.5 metres, where this yard abuts
a residential zone
c) rear yard (min) 7.5 metres
d) setback from a building containing residential uses
e) setback from a building containing non-residential uses
15 metres
20 metres
b) interior side yard (min)
Hi) Lot Coverage (max)
iv) Building Height (max)
40 percent
18 metres
v) Where the building exceeds a height of 12 metres, the yard requirements
contained in Section 16.5.38 c) ii) b) and Section 16.5.38 c) ii) c) shall be
increased by 1 metre for each additional full metre, or part thereof, of height
added to the building height.
d) Notwithstanding Section 16.1, a convenience store may be constructed and used
on the lands zoned C1-38 on the map contained in the Schedule attached to and
forming part of this By-law.
e) Permitted non-residential uses shall be developed in accordance with Section
16.3 and the following provisions:
i) Non-Residential Floorspace (max)
a) Retail Commercial Uses 3,000 square metres, and
b) Office Uses 500 square metres
ii) Additional Yard Requirements
a) Depth of area between building 30 metres
and south lot line (max)
b) Depth of area between building 90 metres
and north lot line (min)
2. Schedule "3" to By-law 84-63 as amended, is hereby further amended by
changing the zone designation from:
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"Holding - General Commercial ((H)C1) Zone" and "Holding - Urban Residential
Type Four ((H)R4) Zone" to "Holding - General Commercial Exception ((H)C1-
38) 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 Section 34 of the Planning Act.
BY-LAW passed by the Ontario Municipal Board this
day of March, 2005.
Ontario Municipal Board
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This is Schedule"A" to By-law 2005-035 ,
passed this day of .2005 A.D.
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~ Zoning Change From I(H)R4" To "(H)C1-38"
_ Zoning Change From I(H)C1" To I(H)C1-38"
John Mutton. Mayor
Patti L Barrie. Municipal Clerk
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Bowmanvllle
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2005-
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
permit the development of retail commercial and high density residential uses in
accordance with application ZBA 2003-015.
NOW THEREFORE BE IT RESOLVED THATthe 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 16.5.38 as
follows:
"16.5.38 GENERAL COMMERCIAL EXCEPTION (C1-38) ZONE
Notwithstanding Sections 2, 16.1, 16.2, and 16.3, those lands zoned C1-38 on the
Schedules to this By-law shall also be subject to the following zone regulations:
a) Definitions
i) Front Lot Line
For the purposes of measuring the front yard to a building containing
permitted residential uses within a "C1-38" Zone, the front lot line shall be
deemed to be the lot line abutting the improved public street municipally
known as Liberty Street.
ii) Retirement Home
Shall mean a residential building constructed and used to accommodate
either or both individual retired persons, or couples one of whom is retired,
where each private bedroom or suite has separate washroom facilities and a
separate entrance from a common hall, and common facilities are provided
for the preparation and consumption of food. Common lounges, recreation
rooms, and short-term medical care facilities may also be provided. The term
retirement home includes a home for the aged as defined by the Homes for
the Aged and Rest Home Act.
b) Permitted Residential Uses
i) apartment building;
ii) nursing home;
iii) retirement home; and,
iv) senior citizens' apartment building.
c) Regulations for Residential Uses
i) Density (max)
100 units per hectare
ii) Yard Requirements
a) front yard
4.5 metres (min) - 7.5 metres
(max)
7.5 metres, where this yard abuts
a residential zone
c) rear yard (min) 7.5 metres
d) setback from a building containing residential uses
e) setback from a building containing non-residential uses
15 metres
20 metres
b) interior side yard (min)
iii) Lot Coverage (max)
40 percent
iv) Building Height (max)
18 metres
v) Where the building exceeds a height of 12 metres, the yard requirements
contained in Section 16.5.38 c) ii) b) and Section 16.5.38 c) ii) c) shall be
increased by 1 metre for each additional full metre, or part thereof, of height
added to the building height.
d) Permitted non-residential uses shall be developed in accordance with Section
16.3 and the following provisions:
i) Non-Residential Floorspace (max)
a) Retail Commercial Uses 3,000 square metres, and
b) Office Uses 500 square metres
ii) Additional Yard Requirements
a) Depth of area between building 30 metres
and south lot line (max)
b) Depth of area between building 90 metres
and north lot line (min)
2. Schedule "3" to By-law 84-63 as amended, is hereby further amended by
changing the zone designation from:
"Holding - General Commercial ((H)C1) Zone" and "Holding - Urban Residential
Type Four ((H)R4) Zone" to "Holding - General Commercial Exception ((H)C1-
38) 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 Section 34 of the Planning Act.
BY-LAW passed by the Ontario Municipal Board this
day of March, 2005.
Ontario Municipal Board
This is Schedule "A" to By-law 2005- ,
passed this day of , 2005 A.D.
GOODWIN AVENUE
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~ Zoning Change From "(H)R4" To "(H)C1-38"
_ Zoning Change From "(H)C1" To "(H)C1-38"
Patti L. Barrie. Municipal Clerk
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