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HomeMy WebLinkAbout2005-035 ATTACHMENT 3 '. 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. - , 2 .' 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: , " 3 "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 2005-035 , passed this day of .2005 A.D. -t I f- lY 0 Z f- W W IY f- (J] ~ IY W (IJ -l I- Z W " 0::: <( ~ 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 J'o. VQ 0(;' J'". AVENUE ~J 0::: o Z w W 0::: I- (.f) -' -' :::;: ~ 0::: W aJ p...'Jt.- I- ~~ ~ 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 r- w W D:::: r- UJ r- z w Cl D:::: <( :r: f- a::: 0 z f- W W a::: f- (f) ~ a::: w m -l r- Z W Cl D:::: <( ~ Zoning Change From "(H)R4" To "(H)C1-38" _ Zoning Change From "(H)C1" To "(H)C1-38" Patti L. Barrie. Municipal Clerk W ---l o o ~ AVENUE ~J D:::: o Z r- w w D:::: r- UJ (>-\It.. r- 'It\ ~ Bowmanville 0'0 VQ OC' 0';- u::~ U ---l ---l ~ ~ D:::: W rn ---l