HomeMy WebLinkAbout2005-050
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2005- 050
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 2004-043 to permit the conversion of two
existing vacant buildings totalling 173 sq.m. for retail commercial uses and construction
of a new 184 sq.m. commercial building with reduced loading space size and sight
triangle standards;
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 introducing a new Subsection 16.5.40 as follows:
"16.5.40 GENERAL COMMERCIAL EXCEPTION (C1-40) ZONE
Notwithstanding Sections 2, 3.12(a), 3.21, and 16.1(b), those lands zoned C1-40 on
the Schedules to this By-law shall be subject to the following zone regulations:
a) Definitions
i) Drive-Through Facility
Shall mean 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) Regulations
i) Notwithstanding the provisions of 16.1(b), no person shall use any
land or erect or use any building or structure located in a C1-40
zone for a drive-through facility.
ii) Notwithstanding the provisions of 16.1(b), the use of buildings with
a front yard setback in excess of 25 metres shall only be used for
the following uses:
a) bakery shop;
b) bank or financial establishment, business, professional or
administration office;
c) day nursery;
d) medical or dental clinic; and,
e) retail commercial establishment.
.
iii)
iv)
Loading Space Size (minimum)
Sight Triangle Size (minimum)
4.0 metres by 7.5 metres
6.0 metres by 6.0 metres"
2. Schedule "5" to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from:
"General Commercial Exception (C1-33) Zone" to "Holding - General Commercial
Exception ((H)C1-40) Zone"
"Urban Residential Type Two (R2) Zone" to "Holding - General Commercial
Exception ((H)C1-40) 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
4th
day of April
2005
By-Law read a second time this
4th
day of
April
2005
By-Law read a third time and finally passed this 4th
day of April
2005
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This is Schedule "A" to By-law 2005- 050
passed this 4th day of April . 2005 A.D.
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ENCLOSURE
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Zoning Change From
"C1-33" To "(H)C1-40"
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Zoning Change From
"R2" To "(H)C1-40"
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