HomeMy WebLinkAbout2015-008Corporation of the Municipality Of Clarington
By-Law No. 2015-008
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 2014-0018;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. "Section 2, DEFINITIONS, is hereby amended by adding thereto, the following:
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.
2. Section 16.5, the SPECIAL EXCEPTIONS - GENERAL COMMERCIAL
EXCEPTION (Cl) ZONE, is hereby amended by adding thereto, the following new
Special Exception Zone 16.5.60 as follows:
SECTION 16.5.60 GENERAL COMMERCIAL EXCEPTION (C1-60) ZONE
Notwithstanding the provisions of Sections 3.11, 3.13, 3.16 a., 3.16 h., 3.16, i. i),
3.16 i. iii), 3.17, 16.1 b., 16.3, those lands zoned C1-60 on the Schedules to this By-
law may, shall be subject to the following definitions, uses and regulations:
a. All those uses permitted by the C1 zone:
with the addition of:
i)a Convenience Store
with the exclusion of:
i)Taxi stand;
ii)Place of Entertainment;
iii) Tavern; and
iv) Parking Lot
b.Lot Area (minimum) 2,000 square metres
C.Lot Frontage (minimum) 60 metres
d. Yard Requirements (minimum unless otherwise indicated)
i)Front Yard — First Two Storeys 1.0 metres min.
3.0 metres max.
ii) Interior Side Yard 2.0 metres
iii) Rear Yard 15 metres
e.Building Height 2 storeys (min.)
4 storeys (max.)
f. Each storey, above the ground floor, shall contain a floor area equal to no
less than 50% of the ground floor area.
g.Lot Coverage (minimum) 50%
h.The length of the building fagade abutting the street shall not be less than
70% of the length of lot frontage.
i. All ground floor, non-residential units shall have an accessible entrance
that faces onto King Avenue East.
j. Transparent Glazing (minimum)
50% of the first storey of the building's street fagade
k. Landscaped Open Space (minimum) 15%
I. Landscape buffer along rear property line (minimum) 3.0 metres
M. Parking, Loading, Drive-Throughs
i. On-site parking shall be provided at a minimum ratio of 1 space for
every 40 square metres of gross floor area.
ii. No parking may be located between the front building line and the
street.
iii. Loading Spaces. 0
iv. Drive-through facilities may not be located within 50 metres of an
existing residential dwelling.
n. Patios that are accessory to an eating establishment shall be located in
the front yard.
o. Refuse areas shall either be fully enclosed within the primary building or
within a roofed, accessory building constructed of the same design and
materials as the primary building.
p. The (H) Holding Symbol shall not be removed from this property until the
Municipality is in receipt of a Record of Site Condition from the Ministry of
the Environment" and the owner enters into a site plan agreement."
2. Schedule "5" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from "Urban Residential Type One (R1) Zone" to
Holding — General Commercial Exception ((H) C1-60)" 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 26th day of January, 2015.
Adrian Foster, Mayor
r
f
C. Anne Greentree, Municipal Clerk