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Home My WebLink About2015-030 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2015-030 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 2012-0008; 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 the following definitions in alphabetical order: a. "DWELLING, STACKED TOWNHOUSE Shall mean one of a group of three or more dwelling units which are separated vertically and/or horizontally, provided that each dwelling unit has a separate entrance." b. "LONG TERM CARE FACILITY Shall mean a facility regulated through the Ministry of Health and Long Term Care, or any successor, that provides accommodation for people requiring a broad range of 24 hour health care, personal care and support care within a supervised and secured setting and where common facilities for the preparation and consumption of food are provided and common lounges, recreation rooms, medical care facilities and personal services, may also be provided." C. "RETIREMENT HOME Shall mean a residential facility, licensed by the Retirement Home Regulatory Authority that provides accommodation in suites primarily for retired persons or couples. Such suites shall not have a stove or range and have separate entrances from a common hall Common facilities for the preparation and consumption of food are provided. Common lounges, recreation rooms, medical care facilities and ancillary uses such as a beauty salon, barber shop or tuck shop may also be provided." 2. Section 15.4 "SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE FOUR (R4) ZONE" is hereby amended by adding thereto, the following new Special Exception: "15.4.38 URBAN RESIDENTIAL EXCEPTION (R4-38) ZONE Notwithstanding 15.1 a., 15.2 a., 15.2 c., 15.2 g., and 15.2 h. those lands zoned "R4-38" on the Schedules to this By-law shall be subject to the following zone provisions: a. Permitted Residential Uses i) Apartment Building ii) Dwelling, Linked Townhouse iii) Dwelling, Stacked Townhouse iv) Long Term Care Facility v) Retirement Home b. Regulations for Apartment Building; Stacked Townhouse Dwelling; Long Term Care Facility; and Retirement Home i) Number of dwelling units 70 minimum 80 maximum ii) Density (minimum) 80 units per hectare iii) Yard Requirements (minimum) a) to a public street 6 metres to building, 4 metres to balcony/porch b) abutting residential lots 12 metres c) all other yards 7.5 metres iv) Yard Requirements (maximum) a) to a public street 9 metres to building, 7 metres to balcony/porch v) Height a) buildings abutting Bloor Street or Prestonvale Road street line 4 storeys minimum 6 storeys maximum b) all other buildings (maximum) 6 storeys vi) Amenity Space (minimum) a) Outdoor 4.0 square metres per unit b) Indoor 2.0 square metres per unit vii) Visitor parking spaces (minimum) 0.25 spaces per unit c. . Regulations for Link Townhouse Dwellings i) Number of units (minimum) 40 (maximum) 60 ii) Minimum density 40 units per hectare iii) Maximum permitted area for Link Townhouse Dwelling 1.1 hectare iv) Link Townhouse Dwellings shall not abut Bloor Street or Prestonvale Road street line within 75 metres of the intersection of Bloor Street and Prestonvale Road v) Yard Requirements a) setback to a zone boundary (minimum) 7.5 metres b) setback to public street 4.5 metres (minimum) 6.0 metre (maximum) r vi) Visitor parking spaces (minimum) 0.25 spaces per dwelling unit vii) Unit Setback Requirements For the purposes of establishing regulations for each Link Townhouse Dwelling, the following specific regulations shall apply as if each unit is located on a lot: (a) Lot area (minimum) 150 square metres (b) Lot coverage (maximum) 50% (c) Landscaped Open Space (minimum) 30% (d) in the case of a through lot, the lot line dividing the lot from a public street shall be deemed to be the front lot line. (e) Yard Requirements (i) setback to public street (minimum) a. Dwelling 4.0 metres b. Porch 2.0 metres (ii) setback to private street (minimum) a. Garage 6.0 metres b. Dwelling 4.0 metres C. Porch 2.0 metres (iii) Rear Yard (minimum) 7.5 metres (iv) Side Yard (minimum) 1.5 metres, Nil where a building has a common wall with any building on an adjacent lot in the same zone. d. The provisions of Section 3.1 j. (iv) continue to apply, except where they are in conflict with the yard requirements for a balcony as specified in Section 15.4.38 c. ii) and iii), and for a porch in Section 15.4.38 d. v) of this exception zone. e. 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 zoned (H)R4-38 once Council is satisfied that the site plan agreement contains provisions with respect to phasing and construction of the site." 3. Section 13.4 SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE TWO (R2) ZONE is hereby amended by adding thereto, the following new Special Exception: "13.4.79 URBAN RESIDENTIAL EXCEPTION (R2-79) ZONE Notwithstanding Sections 3.1 j. i), iv), 3.22, 13.2 a., b., c. i), ii), iii), e., g. and h. those lands zoned R2-79 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 except where there is no sidewalk in front of the dwelling; 7.0 metres to the 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 except where there is no sidewalk in front of the dwelling; 7.0 metres to the 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 m on one side; 0.6 metres on the other side; Without private garage or 3.0 metres on one side 0.6 metres on the other side d. Special Yard Regulation i) Bay windows with foundation may project into any yard to a distance of not more than 0.75 metres with the bay window having a maximum width of 2.4 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 yards, but in no instance shall the front or exterior yard be reduced below 1.0 metre iii) Visibility Triangle (minimum) 6.5 metres e. Lot Coverage (maximum) i) 1 Storey a) Dwelling 50 percent b) Total of all 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 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 sq. 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. Driveway Width (maximum) 4.6 metres h. Height (maximum) i) 1 Storey 8.5 metres ii) All other residential units 10.5 metres i. Garage Requirements: i) All garage doors shall not be located any closer to the street line than the dwellings front wall or exterior side wall or covered porch projection. ii) The outside width of the garage shall be a maximum of 40% of the width of the lot. 4. Section 13.4 SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE TWO (R2) ZONE is hereby amended by adding thereto, the following new Special Exception: "13.4.80 URBAN RESIDENTIAL EXCEPTION (R2-80) ZONE Notwithstanding Sections 3.1 j. i), iv), 3.22, 13.2 a., b., c. i), ii), iii), e., g. and h. and those lands zoned R2-80 on Schedules to this By-law shall be subject to the following regulations: a. Lot Area (minimum) 330 square metres b. Lot Frontage (minimum) i) Interior Lot 11.3 metres ii) Exterior Lot 14.3 metres C. Yard Requirements: i) Front Yard 6.0 metres to private garage or carport except where there is no sidewalk in front of the dwelling; 7.0 metres to the 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 except where there is no sidewalk in front of the dwelling; 7.0 metres to the 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 3.0 metres on one side 0.6 metres on the other side e. Special Yard Regulation: i) Bay windows with foundation 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 2.4 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 yards, but in no instance shall the front or exterior yard be reduced below 1.0 metre. iii) Visibility Triangle (minimum) 6.5 metres f. Lot Coverage (maximum) i) 1 Storey a) Dwelling 50 percent b) Total of all 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 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 sq. 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) i) 1 Storey 8.5 metres ii) All other residential units 10.5 metres i. Garage Requirements i) All garage doors shall not be located any closer to the street line than the dwellings front walls or exterior side wall or covered porch projection. ii) The outside width of the garage shall be a maximum of 53% of the width of the lot." 5. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural (A) Zone" to "(H) Holding - Urban Residential Exception ((H)R2- 79) Zone"; "Agricultural (A) Zone" to "(H) Holding - Urban Residential Exception ((H)R2- 80) Zone"; "Agricultural (A) Zone" to "(H) Holding - Urban Residential Exception ((H)R4- 38) Zone"; and "Agricultural (A) Zone" to "Environmental Protection (EP) Zone" as illustrated on the attached Schedule "A" hereto. 6. Schedule "A" attached hereto shall form part of this By-law. 7. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and Section 36 of the Planning Act. BY-LAW passed in open session this 27th day of April, 2014. Adrian Foster, ayor .Wnne entr , Municipal Clerk This is Schedule to By-law 2015- 030 passed this 29th day of :.✓�-` <NO; ^� , ^m 1� M g � A 1 l ��•i��r�i•�Y�� i Y�:•.i•O 0 0•^'suer•:4••��•YY'i�•i�••p•p••.►�••� V `✓ • a RE D•.••.�.••i A• : �•i�i••i••i�ri�i•i•Y i ,�••�i,�i••ir iii''i�•i�•i�ir••i••i•'.: ��•fir.••�,,••C�„Y.•Y.�Y•Y'•Y•o•Y r�•••Y• •Y� .•000Y�sr.�..s►•Yr•pp•�•�• ► WI • • •- • • �///// III 11111 11111 O. _ EVEN : ..- 1111111'11��11� �IIIIIIIIIIIIIIIII II�1�1%11%� 111111 111111111111111111111111111 _IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 111111111111111111111111111 =1111111111111111111111111/�//Q IIIIIIIIIIIIIIIIIIIIII-=111111111111111111111/I� ` 1111111111111111111111111 =111111111111111111/1 ' 1111111111111111111111�11111111111111 ///��I 1 .111111111 ,. 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