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Home My WebLink About2014-080 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2014-080 being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle 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 2013-0029; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. By adding a new Section 22C Office Commercial (OC) Zone as follows: "22C. OFFICE COMMERCIAL (OC) ZONE 22C.1 Section 22C applies to lands zoned OC by this By-law or any OC exception zone, unless otherwise specified. a. For the purposes of Section 22C, the term: i) Community Facility means those land uses which have the potential to attract a large volume of people for a not-for-profit service or event. This land use category includes: • Municipal facilities including library, fire, and police stations; • Public recreation facilities, parks and squares; • Public or private schools; and • Places of worship or assembly halls. • Cultural Centre • Social, educational and cultural facilities ii) Drive-through Facility means the use of land, buildings or structures, or part thereof, to provide or dispense products or services, either wholly or in part, through a window or an automatic machine, to customers remaining in motor vehicles, which are located in a stacking lane. iii) Eating Establishments means all restaurants irrespective of the format (i.e. sit-down restaurant, take-out restaurant). iv) Frontage Percentage means the percentage of the respective width of the lot that is required to be occupied by the building's facade. In the event that a single building, or the first phase of construction, is not capable of meeting this requirement, it must be demonstrated, by way of a phasing plan, that this requirement can be met in the future through the construction of a subsequent building(s). In this scenario, the maximum depth of the first building may not exceed 50% of the length of the proposed building along the frontage. v) Gathering Places means those land uses which have the potential to attract a large volume of people for a for-profit service or event which is not proportinately associated with the number of staff members of the respective business. This land use category includes: • Place of Entertainment • Auction Centre • Banquet Hall • Convention Centre • Fitness Centre • Private Club • Voluntary Instructional Studio (i.e. dance, martial arts, etc.). vi) Office means any commercial use. Unless otherwise stated, this land use category includes: • Professional Service (Finance, Insurance, Real Estate, Legal) • Medical Office / Clinic • Para-Medical Office (Registered massage therapist, Psychologist, Midwife) • Dental Office vii) Place of Entertainment means a motion picture or other theatre, billiard hall, bowling alley, ice or roller skating rink, dance or music hall, arcade, indoor mini-golf, laser tag, indoor paint ball, climbing wall, etc. viii) Primary fagade means the fagade of a building which faces Regional Highway 2. ix) Retail means any commercial use which is primarily focused on offering products for sale to the general public. Unless otherwise stated, this land use category includes: • Supermarket • Markets • Seasonal Garden and Nursery Centre accessory to a permitted non-residential use • Convenience Store • General Merchandise Store • Home Improvement Store x) Secondary facade means the fagade of a building which faces Regional Road 57. A) Service means any commercial use which is primarily focused on offering an activity for sale to the general public as opposed to a product (i.e. retail). This land use category includes: • Eating Establishments • Bar • Financial Office • Business Services (Printing, etc.) • Commercial School • Day Care Centre • Dry Cleaning • Light Service Shop • Personal Service xii) Storey means the usable area of a building measured on a vertical scale containing a specific floor or level that can be distinguished by another floor or level. Each storey must comply with Ontario Building Code requirements for occupancy. 22C.2 PERMITTED USES The following uses are permitted within the Office Commercial (OC) Zone, subject to the applicable zoning provisions. a. Permitted Uses Permitted Uses Office Commercial (OC) Zone Office Y Retail Y Service Y i Hotel Y Residential Y Community Facilities Y 2 Gathering Places Y 2 = Only permitted within the first storey and may not occupy more than 25% of the gross floor area of a building. 2 = Only permitted within the first and/or second storey and may not occupy more than 50% of the gross floor area of a building. b. A bank or credit union is only permitted on 1 Martin Road (Assessment Roll No. 181701002016000) provided it is not represented within the Downtown boundary area identified in the Bowmanville East Town Centre Secondary Plan on July 7, 2014. C. Notwithstanding Section 22C.2 a., residential uses shall only be permitted provided: i) the residential building contains retail and service commercial uses on the ground floor, ii) that amount of residential floor space does not exceed the amount office floor space in the Office Commercial Zone measured from the second floor and above; and iii) that the initial office building is a minimum of 3,000 m2. d. Accessory buildings are not permitted 22C.3 REGULATIONS FOR PERMITTED USES a. Building Location Front Setback (maximum) 3.5 metres Exterior Side Yard Setback (maximum) 3.5 metres Interior Side Yard Setback 3.5 metres (maximum) - First two storeys Interior Side Yard Setback 5.0 metres (maximum) - Third storey and higher Rear Setback (maximum) 5.0 metres b. Lot Coverage (maximum) 75% C. Building Form Minimum Height - Residential First building —4 stories Subsequent buildings— 8 stories Minimum Height - Other 4 storeys Separate entrance required for Y residential uses Transparent Glazing (minimum) 60% of the first storey Frontage Percentage (minimum) - 50% Primary Facade Frontage Percentage Secondary N/A Facade Building Podium All floors above the second storey shall be setback a maximum of 3.0 metres along the street-fronting elevation(s) and each storey shall contain a floor area equal to no less than 75% of the ground floor area. d. Landscaped Open Space (minimum) Landscaped Open Space 10% Perimeter landscape widths(m) Front 3.5 Exterior Side 3.5 Interior Side 3.5 Rear 3.5 e. Drive Through — Not Permitted f. Other Parking Ratio - Residential 1 per unit Parking Ratio - Non-Residential 1:30 m2 Bicycle Parking for Non-Residential Provided at a rate of 10% of Uses automobile parking space requirements for non-residential uses. Bicycle Parking for Residential Uses Weather-protected bicycle parking facilities - 2 spaces for every 1 dwelling unit. Location of loading and other service In an interior side yard or rear areas yard. Outdoor storage and/or display Not permitted. Refuse area Fully enclosed 2. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural (A) Zone" to "Holding-Office Commercial (OC) Zone" as illustrated 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 in open session this 7t" day of July, 2014. F `r Adrian � o Anrre`Gtentree, Municipal clerk This is Schedule "A" to By-law 2014- 080 , passed this nth day of July , 20141 A.®. DURHAM HIGHWAY 2 D O LO 4 O J J P�0 N o0V� °- '0 G ® Zoning Change From "A" To "(H)OC" Adrian Fo' ayor C.Anne reentree, Municipal Clerk U O STEVENS ROAD N EET' STEVENS ROAD $ STEVENS ROAD O� RHgMH�yh"gy JF�NCro UPTOWN't YSJ� F U C B0 CH �C pR DURHAM HIGHWAY 2 gF.jy 5< �NAtHON ORSS D NG SEE � RN SJ S ;tea GK DftIVk rn E aN �Q� zz PRINCE WILLIAMB ULEVARD R 'W000 Si NOSE O � O R F a a Bowmanville TREWINIANE w ZBA 2013-0029 SCHEDULE 3 s