HomeMy WebLinkAbout2014-047 CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2014-047
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 Municipality of
Clarington for ZBA 2013-0022;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. SECTION 12.4.74 URBAN RESIDENTIAL EXCEPTION (R1-74) ZONE is hereby
amended by:
Deleting Section c. ii) in its entirety and replaced with a new c. ii) and adding a new
c. iii) as follows:
c. ii) Exterior Side Yard 6.0 metres to private garage or carport
4.0 metres to dwelling
2.0 metres to porch
iii) Interior side yard 1.2 metres with private garage or carport
Without private garage or carport
3.0 metres on one side, 1.2 metres on the other side
Deleting d. i) in its entirety and replacing it with the following:
d. Special Yard Regulations
i) Bay windows with foundations may project into any required yard to a
distance of not more than 0.75 metres with the bay window having a
maximum width of 3.0 metres, but in no instance shall the interior side yard
be reduced below 0.6 metres.
Adding a new ii) as follows:
i. i) In addition to the regulations of Section 3.11 with respect to the removal of
the "Holding (H)" symbol, Council shall only enact a by-law to remove the
Holding (H) symbol from the lands zone (H)R1-74 on Schedule 1 to this
By-law located within 70 metres of the boundary of lands identified by roll
number 18-17-010-080-15900, at such time as:
ii) The "Motor Vehicle Wrecking Yard" use of the lands identified as 18-17-
010-080-15900 has ceased;
iii) The vehicles and motor vehicles parts on the lands identified as 18-17-
010-080-15900 has been removed from the property; and
iv) A Record of Site Condition has been submitted for said lands zoned (H)R1-
74.
2. Section 13.4 "SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE (R2)
ZONE" is hereby amended as follows:
The provisions of SECTION 13.4.54 URBAN RESIDENTIAL EXCEPTION (R2-54)
ZONE are deleted in their entirety and replaced with the following provisions as
follows:
"Notwithstanding Sections 3.1 j), i), iv); 3.22, 13.2 a); b); c) i), ii), iii), e), and g) on
those lands zoned R2-54 on Schedules to this By-law shall be subject to the
following regulations:
a. For the purposes of this Section, the term Bungaloft shall mean a one storey
dwelling with a partial second storey that is not more than 50% of the ground
floor area of the dwelling (excluding the garage); the habitable area of the
second storey is contained within the roof area and may have domers on the
front or rear elevations not more than 33% of the width of the wall of the
dwelling, directly below, including garage.
b. Lot Area (minimum) 330 square metres
c. Lot Frontage (minimum)
i) Interior 11.3 metres
ii) Exterior 14.3 metres
d. Yard Requirements
i) Front Yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
ii) Exterior Side Yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
iii) Interior Side Yard With private garage or carport
1.2 metres on one side;
0.6 metres on the other side;
Without private garage or carport
3.0 metres on one side
1.2 metres on the other side
e. Special Yard Regulations
i) Bay windows with foundations may project into any required yard to a
distance of not more than 0.75 metres with the bay window having a
maximum width of 3.0 metres, but in no instance shall the interior side yard
be reduced below 0.6 metres.
f. Lot Coverage (maximum)
i) 1 storey
a. Dwelling 50 percent
b. Total of all buildings and structure 55 percent
ii) Bungaloft
a. Dwelling 48 percent
b. Total of all buildings and structure 53 percent
iii) All other residential units
a. Dwelling 40 percent
b. Total for all buildings and structures 45 percent
iv) Notwithstanding the above lot coverage provision, a covered and
unenclosed porch/balcony having no habitable floor space above it, shall
be permitted subject to the following:
a) In the case of an interior lot, an unenclosed porch/balcony up to a
maximum area of 12.0 square metres shall be permitted provided it
is located in the front yard of the lot and shall not be calculated as lot
coverage.
b) In the case of an exterior lot, an unenclosed porch/balcony up to a
maximum area of 20.0 square metres shall be permitted provided it
is located in the front and/or exterior side yard of the lot and shall not
be calculated as lot coverage
g. Height of floor deck of unenclosed porch above
finished grade (maximum) 1.0 metre
h. Height (maximum)
1 storey 8.5 metres
All other residential dwellings 10.5 metres
i. Garage Requirements
i) The outside width of the garage shall be a maximum of
6.4 metres
j. Visibility Triangle
6.5 metres
k. In addition to the regulations of Section 3.11 with respect to the removal of the
"Holding (H)" symbol, Council shall only enact a by-law to remove the Holding
(H) symbol from the lands zone (H)R2-54 on Schedule 1 to this By-law located
within 70 metres of the boundary of lands identified by roll number 18-17-010-
080-15900, at such time as:
i) The "Motor Vehicle Wrecking Yard" use of the lands identified as 18-17-
010-080-15900 has ceased;
ii) The vehicles and motor vehicles parts on the lands identified as 18-17-
010-080-15900 has been removed from the property; and
iii) A Record of Site Condition has been submitted for said lands zoned (H)R2-
54.
3. The provisions of SECTION 13.4.55 URBAN RESIDENTIAL EXCEPTION (R2-55)
ZONE are deleted in their entirety and replaced the following provisions as follows:
Notwithstanding Sections 3.1 j), i), iv); 3.22, 13.2 a); b), c) i), ii), iii), e); and g) on
those lands zoned R2-55 on the Schedules to this By-law shall be used subject to
the following regulations:
a. For the purposes of this Section, the term Bungaloft shall mean a one storey
dwelling with a partial second storey that is not more than 50% of the ground
floor area of the dwelling (excluding the garage); the habitable area of the
second storey is contained within the roof area and may have dormers on the
front or rear elevations not more than 33% of the width of the wall of the
dwelling, directly below, including garage.
b. Lot Area (minimum) 405 sq. metres
c. Lot Frontage (minimum)
i) interior 13.5 metres
ii) exterior 16.5 metres
d. Yard Requirements
i) Front Yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
ii) Exterior Side yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
iii) Interior Side Yard With private garage or carport
1.2 metre on one side and
0.6 metres on the other;
Without private garage or carport
3.0 metres on one side
1.2 metres on the other side
e. Special Yard Regulations
i) Bay windows with foundations may project into any required yard to a
distance of not more than 0.75 metres with the bay window having a
maximum width of 3.0 metres, but in no instance shall the interior side yard
be reduced below 0.6 metres.
ii) Steps may project into the required front or exterior side yard, but in no
instance shall the front or exterior side yard be reduced below 1.0 metre.
f. Lot Coverage (maximum)
i) 1 Storey
a) Dwelling 50 percent
b) Total of Buildings and Structures 55 percent
ii) Bungaloft
a) Dwelling 48 percent
b) Total of all buildings and structure 53 percent
iii) All other residential units
a) Dwelling 40 percent
b) Total of all Building or Structures 45 percent
iv) Notwithstanding the above lot coverage provision, a covered and
unenclosed porch/balcony having no habitable floor space above it, shall
be permitted subject to the following:
a) In the case of an interior lot, an unenclosed porch/balcony up to a
maximum area of 12.0 square metres shall be permitted provided it is
located in the front yard of the lot and shall not be calculated as lot
coverage.
b) In the case of an exterior lot, an unenclosed porch/balcony up to a
maximum area of 20.0 square metres shall be permitted provided it is
located in the front and/or exterior side yard of the lot and shall not be
calculated as lot coverage.
g. Garage Requirements
i) The outside width of the garage shall be a maximum of 6.4 metres
h. Height of floor deck of unenclosed porch above
finished grade (maximum) 1.0 metres
i. Height (maximum)
i) 1 Storey dwelling 8.5 metres
ii) All other residential units 10.5 metres
j. Visibility Triangle 6.5 metres
k. In addition to the regulations of Section 3.11 with respect to the removal of the
"Holding (H)" symbol, Council shall only enact a by-law to remove the Holding
(H) symbol from the lands zone (H)R2-55 on Schedule 1 to this By-law located
within 70 metres of the boundary of lands identified by roll number 18-17-010-
080-15900, at such time as:
i) The "Motor Vehicle Wrecking Yard" use of the lands identified as 18-17-
010-080-15900 has ceased;
ii) The vehicles and motor vehicles parts on the lands identified as 18-17-
010-080-15900 has been removed from the property; and
iii) A Record of Site Condition has been submitted for said lands zoned (H)R2-
55.
4. The provisions of SECTION 13.4.57 URBAN RESIDENTIAL EXCEPTION (R2-57)
ZONE are deleted in their entirety and replaced with the following provisions as
follows:
Notwithstanding Sections 3.1 j), i), iv); 3.22, 13.2 a); b), c) i), ii), iii), e); and g) on
those lands zoned R2-57 on the Schedules to this By-law shall be subject to the
following regulations:
a. Lot Area (minimum) 300 square metres
b. Lot Frontage (minimum)
i) Interior Lot 10.0 metres
ii) Exterior Lot 13.0 metres
c. Yard Requirements
i) Front Yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
ii) Exterior Side Yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
iii) Interior Side Yard With private garage or carport
1.2 metres on one side and
0.6 metres on the other;
Without private garage or carport
3.0 metres on one side
1.2 metres on the other side
d. Special Yard Regulations
i) Bay windows with foundations may project into any required yard to a
distance of not more than 0.75 metres with the bay window having a
maximum width of 3.0 metres, but in no instance shall the interior side yard
be reduced below 0.6 metres.
e. Lot Coverage (maximum)
i) 1 Storey
a) Dwelling 50 percent
b) Total of Buildings and Structures 55 percent
ii) All other residential units
a) Dwelling 40 percent
b) Total of all Buildings and Structures 45 percent
iii) Notwithstanding the above lot coverage provision, a covered and
unenclosed porch/balcony having no habitable floor space above it, shall
be permitted subject to the following:
a) In the case of an interior lot, an unenclosed porch/balcony up to a
maximum area of 12.0 square metres shall be permitted provided it
is located in the front yard of the lot and shall not be calculated as lot
coverage.
b) In the case of an exterior lot, an unenclosed porch/balcony up to a
maximum area of 20.0 square metres shall be permitted provided it
is located in the front and/or exterior side yard of the lot and shall not
be calculated as lot coverage
f. Height (maximum)
i) 1 Storey dwelling 8.5 metres
ii) All other residential units 10.5 metres
g. Garage Requirements
i) Garage doors may project no more than 1.0 metre in front of the
dwellings first floor front wall or exterior side wall or covered porch
projection;
ii) The outside width of the garage shall be a maximum of 4 metres
h. Height of floor deck of unenclosed porch
above finished grade (maximum) 1.0 metre
i. Visibility Triangle 6.5 metres
j. In addition to the regulations of Section 3.11 with respect to the removal of
the "Holding (H)" symbol, Council shall only enact a by-law to remove the
Holding (H) symbol from the lands zone (H)R2-57 on Schedule 1 to this By-
law located within 70 metres of the boundary of lands identified by roll
number 18-17-010-080-15900, at such time as:
i) The "Motor Vehicle Wrecking Yard" use of the lands identified as 18-
17-010-080-15900 has ceased;
ii) The vehicles and motor vehicles parts on the lands identified as 18-
17-010-080-15900 has been removed from the property; and
iii) A Record of Site Condition has been submitted for said lands zoned
(H)R2-57.
5. SECTION 14.6.31 URBAN RESIDENTIAL EXCEPTION (R3-31) ZONE is hereby
amended by:
Renumbering the existing Section 14.6.31 f) to g) and adding a new f) as follows.
f. Visibility Triangle 6.5 metres
6. SECTION 14.6.32 URBAN RESIDENTIAL EXCEPTION (R3-32) ZONE is hereby
amended by:
Adding Sections 3.1 j), i) iv); 3.22, to the notwithstanding provisions.
Replacing Section 14.6.32 d) with a new Section d) as follows:
d. Special Yard Regulations
i) Bay windows with foundations may project into any required yard to a
distance of not more than 0.75 metres with the bay window having a
maximum width of 3.0 metres, but in no instance shall the interior side yard
be reduced below 0.6 metres.
ii) Steps may project into the required front or exterior side yard, but in no
instance shall the front or exterior side yard be reduced below 1.0 metre
Adding new Section e), f), g) and h) as follows:
e. Notwithstanding the above lot coverage provision, a covered and unenclosed
porch/balcony having no habitable floor space above it, shall be permitted
subject to the following:
a) In the case of an interior lot, an unenclosed porch/balcony up to a
maximum area of 12.0 square metres shall be permitted provided it is
located in the front yard of the lot and shall not be calculated as lot
coverage.
b) In the case of an exterior lot, an unenclosed porch/balcony up to a
maximum area of 20.0 square metres shall be permitted provided it is
located in the front and/or exterior side yard of the lot and shall not be
calculated as lot coverage.
f. Height of floor deck of unenclosed porch
above finished grade (maximum) 1.0 metre
g. Visibility Triangle 6.5 metres
h) In addition to the regulations of Section 3.11 with respect to the removal of the
"Holding (H)" symbol, Council shall only enact a by-law to remove the Holding
(H) symbol from the lands zone (H)R3-32 on Schedule 1 to this By-law located
within 70 metres of the boundary of lands identified by roll number 18-17-010-
080-15900, at such time as:
i) The "Motor Vehicle Wrecking Yard" use of the lands identified as 18-17-
010-080-15900 has ceased;
ii) The vehicles and motor vehicles parts on the lands identified as 18-17-
010-080-15900 has been removed from the property; and
iii) A Record of Site Condition has been submitted for said lands zoned
(H)R3-32.
7. SECTION 14.6.35 URBAN RESIDENTIAL EXCEPTION (R3-35) ZONE is hereby
amended as follows:
Section 14.6.35 b) iii) is hereby amended by deleting the word "width" in both
instances;
Section 14.6.35 b) v) is hereby amended by deleting the word "width" and deleting
"4.0 metres" and replacing it with "4.5 metres".
Section 14.6.35 b) iii) v) and vi) and f) is amended as follows:
b. iii) the word "width is deleted in both instances;
V) the word "width" is deleted; and "4.0 metres is deleted and replaced
with "4.5 metres";
vi) is deleted in its entirety.
f. The following words are deleted:
"The following stacked townhouse dwellings regulations shall be
provided";
and replaced with:
"In addition to the provisions of 14.6.35 c) the following provisions shall
apply to stacked townhouse dwellings."
8. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing
the zone designation from:
"Holding-Urban Residential Exception ((H) R1 -75) Zone" to "Holding-Urban
Residential Exception ((H)R2-54) Zone"
"Holding-Urban Residential Exception ((H) R1 -75) Zone" to "Holding-Urban
Residential Exception ((H)R2-57) Zone"
"Holding-Urban Residential Exception ((H) R1 -75) Zone" to "Holding-Urban
Residential Exception ((H)R3-35) Zone"
"Holding-Urban Residential Exception ((H) R2 -53) Zone" to "Holding-Urban
Residential Exception ((H)R2-54) Zone"
"Holding-Urban Residential Exception ((H) R2 -53) Zone" to "Holding-Urban
Residential Exception ((H)R2-57) Zone"
"Holding-Urban Residential Exception ((H) R2 —54) Zone" to "Holding-Urban
Residential Exception ((H)R2-57) Zone"
"Holding-Urban Residential Exception ((H) R2 -55) Zone" to "Holding-Urban
Residential Exception ((H)R2-54) Zone"
"Holding-Urban Residential Exception ((H) R2 -55) Zone" to "Holding-Urban
Residential Exception ((H)R2-57) Zone"
"Holding-Urban Residential Exception ((H) R2 -56) Zone" to "Holding-Urban
Residential Exception ((H)R2-54) Zone"
"Holding-Urban Residential Exception ((H) R2 -56) Zone" to "Holding-Urban
Residential Exception ((H)R2-55) Zone"
"Holding-Urban Residential Exception ((H) R2 -60) Zone" to "Holding-Urban
Residential Exception ((H)R2-54) Zone"
"Holding-Urban Residential Exception ((H) R2 -65) Zone" to "Holding-Urban
Residential Exception ((H)R2-54) Zone"
"Holding-Urban Residential Exception ((H) R2 -65) Zone" to "Holding-Urban
Residential Exception ((H)R2-57) Zone"
"Holding-Urban Residential Exception ((H) R2 -65) Zone" to "Holding-Urban
Residential Exception ((H)R3-35) Zone"
"Holding-Urban Residential Exception ((H) R2 -66) Zone" to "Holding-Urban
Residential Exception ((H)R2-54) Zone"
"Holding-Urban Residential Exception ((H) R2 -66) Zone" to "Holding-Urban
Residential Exception ((H)R2-55) Zone"
"Holding-Urban Residential Exception ((H) R2 -66) Zone" to "Holding-Urban
Residential Exception ((H)R2-57) Zone"
"Holding-Urban Residential Exception ((H) R2 -66) Zone" to "Holding-Urban
Residential Exception ((H)R3-35) Zone"
"Holding-Urban Residential Exception ((H) R2 -67) Zone" to "Holding-Urban
Residential Exception ((H)R2-54) Zone"
"Holding-Urban Residential Exception ((H) R2 -67) Zone" to "Holding-Urban
Residential Exception ((H)R2-55) Zone"
"Holding-Urban Residential Exception ((H) R2 -67) Zone" to "Holding-Urban
Residential Exception ((H)R2-57) Zone"
"Holding-Urban Residential Exception ((H) R2 -56) Zone" to "Holding-Urban
Residential Exception ((H)R3-35) Zone"
"Holding-Urban Residential Exception ((H) R2 -68) Zone" to "Holding-Urban
Residential Exception ((H)R2-54) Zone"
"Holding-Urban Residential Exception ((H) R2 -68) Zone" to "Holding-Urban
Residential Exception ((H)R2-55) Zone"
"Holding-Urban Residential Exception ((H) R2 -69) Zone" to "Holding-Urban
Residential Exception ((H)R2-54) Zone"
"Holding-Urban Residential Exception ((H) R2 -69) Zone" to "Holding-Urban
Residential Exception ((H)R2-57) Zone"
"Holding-Urban Residential Exception ((H) R3 -35) Zone" to "Holding-Urban
Residential Exception ((H)R2-54) Zone"
"Holding-Urban Residential Exception ((H) R3-35) Zone" to "Holding-Urban
Residential Exception ((H)R2-57) Zone"
9. Schedule "A" attached hereto shall form part of this By-law.
10. 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.
BY-LAW passed in open session this 12th day of May, 2014.
Adri n F er, Mayor
,4beputyy l erk
This is Schedule to By-law 2014- 047
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Schedule "A" Zoning Legend
Zoning Change From "(H)R1-75"To "(H)R2-54"
Zoning Change From "(H)R1-75" To "(H)R2-57"
Zoning Change From "(H)R1-75"To "(H)R3-35"
Zoning To Remain "(H)R1-74"
Zoning To Remain "R1"
Zoning To Remain "R1-42"
® Zoning Change From "(H)R2-53"To "(H)R2-54"
® Zoning Change From "(H)R2-53" To "(H)R2-57"
Zoning Change From "(H)R2-54" To "(H)R2-57"
® Zoning Change From "(H)R2-55"To "(H)R2-54"
Zoning Change From "(H)R2-55" To "(H)R2-57"
Zoning Change From "(H)R2-56" To "(H)R2-54"
Zoning Change From "(H)R2-56"To "(H)R2-55"
Zoning Change From "(H)R2-60" To "(H)R2-54"
Zoning Change From "(H)R2-65" To "(H)R2-54"
Zoning Change From "(H)R2-65"To "(H)R2-57"
Zoning Change From "(H)R2-65" To "(H)R3-35"
0 Zoning Change From "(H)R2-66"To "(H)R2-54"
Zoning Change From "(H)R2-66" To "(H)R2-55"
>� Zoning Change From "(H)R2-66"To "(H)R2-57"
Zoning Change From "(H)R2-66" To "(H)R3-35"
® Zoning Change From "(H)R2-67" To "(H)R2-54"
Zoning Change From "(H)R2-67"To "(H)R2-55"
Zoning Change From "(H)R2-67" To "(H)R2-57"
Zoning Change From "(H)R2-67"To "(H)R3-35"
. ;..: Zoning Change From "(H)R2-68" To "(H)R2-54"
. Zoning Change From "(H)R2-68" To "(H)R2-55"
® Zoning Change From "(H)R2-69"To "(H)R2-54"
Zoning Change From "(H)R2-69" To "(H)R2-57"
Zoning To Remain "(H)R2-54"
Zoning To Remain "(H)R2-55"
® Zoning Change From "(H)R3-35" To "(H)R2-54"
Zoning Change From "(H)R3-35"To "(H)R2-57"
Zoning To Remain "(H)R3-31"
0 Zoning To Remain "(H)R3-32"
j Zoning To Remain "(H)R3-35"
Zoning To Remain "(H)R3-36"
Zoning To Remain "A-1"
E-1 Zoning To Remain "EP"