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HomeMy WebLinkAbout2015-089 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2015-089 being a By-law to amend By-law 84-63. Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 2 — DEFINITIONS, is amended as follows: a) The following definitions are added: Artisan Studio Shall mean a small-scale, artisan production facility where goods are produced and sold. Examples of this use include: artist studio, candle maker, soap maker, crafts (stained glass, jewellry) and microbrewery. Street Facade Shall mean a fagade of the building which faces an improved public street Business Establishment Street Fagade Shall mean the portion of the Street Fagade between finished grade and the level that is 3 metres above finished grade Transparent Glazing Shall mean windows and doors through which the public are able to clearly view the interior of a building. Those windows and doors which are identified as transparent glazing shall not be obstructed by posters, stickers, decals, shelving, furniture or any other permanent or semi-permanent device. 1 i 2. Section 16A "Mixed-Use (MU) Zone" is hereby added: 16A Mixed-Use (MU) Zone 16A.1 Permitted Uses Uses permitted in the Mixed-Use Zone are denoted by the symbol "Y" corresponding with the row for a specific permitted use in Table 16A.1, below. TABLE 16A.I: Permitted Uses in the Mixed-Use Zone Residential Uses Apartment Building Dwelling Unit Y Link Townhouse Dwelling Stacked Townhouse Dwelling Long Term Care Facility Retirement Home Retail Uses Artisan Studio Y Convenience Store Y Pharmacy Y Retail Commercial Establishment Y Personal and Professional Services Business, Administrative or Professional Y Office Eating Establishment Y Financial Office Y Fitness Centre Y Day Nursery Y Dry Cleaning Distribution Centre Y Laundry Y Medical or Dental Clinic Y Printing or Publishing Establishment Y School, Commercial Y i Service Shop, Personal Y Service Shop, Light Y 2 i i Gathering Places and Community uses Assembly Hall Y Place of Entertainment Y Place of Worship Y Private Club Y 16A.2 Additional Requirements for Permitted Uses 1. Dwelling units are only permitted above the ground floor of a building containing at least one non-residential use. 2. Non-residential units are only permitted within a building containing a minimum of 5 dwelling units on the second storey or above. 3. Prior to lifting the Holding (H) Symbol, the only use permitted on lands zoned (H) MU1, and all exception zones, are those uses that are legally existing on the date that the By-law came into effect for that respective property. 16A.3 Regulations The regulations for lots in a Mixed-Use Zone One are set out in Table 16A.2, below. REGULATIONSJABLE 16A.2 • ONE Street Frontage (minimum) 50 metres MUMESIMEMEM Minimum Front Yard 2.0 metres Maximum Front Yard 5.0 metres Minimum Exterior Side Yard 2.0 metres Maximum Exterior Side Yard 5.0 metres Minimum Interior Side Yard 1.5 metres Minimum Interior Side Yard abutting a 5.0 metres Residential Zone Minimum Rear Yard 1.5 metres Minimum Rear Yard abutting a 10.0 metres Residential Zone Minimum number of storeys 2 Maximum number of storeys As identified on the Zoning Map Schedule 2) 3 I Length of primary street facade as a 50% percentage of the lot frontage Amount of transparent glazing along the 50% business establishment street fagade Location of Primary Residential Entrance Within the street fagade;or Within a side fagade provided that the entrance is located no more than half the width of the building from the street fagade to the rear facade. Location of Non-Residential Use A minimum of 1 business establishment Entrances located on the ground floor shall have a primary entrance within the street fagade. W a . Landscaped Open Space (minimum) 10% 3) Perimeter Abutting a Street 2.0 metres Landscape Interior Side Yard Abutting residential zone - 2.0 metres Widths (minimum) Rear Yard Abutting residential zone - 2.0 metres IN Parking Requirements for Retail Uses, 1 space / 30 square metres gross floor and Personal and Professional Services area (minimum) Bicycle Parking for Non-Residential Uses 10% of the required automobile parking (minimum) spaces. Internal Bicycle Parking for Residential 1 for every 2 dwelling units. Uses (minimum) Loading Space (minimum) 1 space (4 metres x 11 metres) Storage, refuse and other service areas. Completely enclosed within the building. Base stations for communications Completely enclosed within the building. equipment Solar panels on flat roofs Setback a minimum of 4.0 metres from the roof edge and no more than 1.25 metres above the height of the roof. Footnotes: 1. Where a property is a corner lot, the front lot line shall always be located on the street line of the highest category of arterial street identified in the Clarington Official Plan (e.g. the front lot line will be on the arterial road frontage versus the collector or local street frontage). 4 I 2. Maximum building height is shown on the Zoning maps with the suffix "S" which indicates the maximum number of storeys (e.g. "MU(S:6)" means the maximum height permitted is 6 storeys. This height provision does not apply to accessory buildings or structures.) 3. A portion of the Landscaped Open Space shall be designed and demarcated as a private outdoor amenity area for residential dwelling units." 3. Schedule "5" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Urban Residential (R2) Zone" to "Mixed-Use 1 (MU1(S:5)) Zone" as illustrated on the attached Schedule "A" hereto. 4. Schedule "5" to By-Law 84-63, as amended, is hereby further amended by changing the zone designation from "General Commercial Exception (C1-54) Zone"to "Mixed- Use 1 (MU1(S:5)) Zone" as shown on the attached Schedule "A" hereto. 5. Subsection 16.5.25 b. xiii) is deleted and replaced with the following subsection: "xiii) A portion of the parking required for lands zoned C1-25 maybe accommodated on abutting lands C1-54 and MU1(S:5)" 6. Section 16.5.54 is amended to add a subsection b.iii) as follows: "iii) A portion of the parking required for lands zoned C1-54 may be accommodated on abutting lands C1-25 and MU1(S:5)" 7. Schedule "A" attached hereto shall form part of this By-Law. 8. This By-Law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 17(2) and 34 (21) of the Planning Act, R.S.O. 1990. By-Law passed in open session this 14th day of December, 2015 Adrian Foster, Mayor Anne Greentree, Municipal Clerk 5 i This is Schedule "A" to By-law 2015- 089 , passed thisl4tfday ofElecember, 2015 A.D. KING AVENUE EAST H O LU W LU LU ®Zoning Change From"C1-54"To"MU1(S:5)" Q Zoning Change From"R2"To"MU1(S:5)" ®Zoning To Remain"C1-25" Zoning To Remain"C1-54" Newcastle Village. ZSA 2009-0003. Schedule 5 �dria Foster, ayor C.Anne Greentree,Municipal Clerk s 22