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Home My WebLink AboutPD-070-00 . THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON , REPORT Meeting: General Purpose and Administration Committee File # ])JLf PLJ1/5 f Res. # L~PII-__ 3/f-t)o. Date: Monday, July 3, 2000 Report #: PD-070-00 File #: PLN 5.4 By-law # Subject: DRAFT ZONING BY-LAW BOWMANVILLE AND COURTICE URBAN AREAS FILE NO.: PLN 5.4 Reconunendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. iliA T Report PD-070-00 be received; and 2. THAT staff be be authorized to hold public information centres in respect of the Draft Zoning By-law and circulate the Draft Zoning By-law to agencies and the development industry for comment. I. BACKGROUND 1.1 The Municipality's Zoning By-law is the primary mechanism for implementing the Clarington Official Plan. It regulates the nature and form of development within the Municipality. In January 1998, Council authorized staff to prepare a new comprehensive zoning by-law for the Municipality to replace By-law No. 84-63. 1.2 The draft Zoning By-law is being prepared at the same time as the Central Lake Ontario Conservation Authority and the Ganaraska Region Conservation Authority are updating their hazard land mapping in response to new provincial regulations. These regulations require Conservation Authorities to consider steep slopes and lands subject to erosion, in addition to lands subject to flooding, when determining the limits of hazard lands. By-law 84-63 generally only includes lands subject to flooding in the "EP - Environmental Protection" Zone. Since updated hazard land mapping was only available for the urban areas of Courtice and Bowmanville at the time the Zoning Schedules were being prepared" the draft Zoning By-law only covers these two areas. The draft Zoning By-law will be 66() , .,,' REPORT PD-070-00 PAGE 2 extended to cover the balance of the Municipality once the Conservation Authorities have provided the updated hazard land information. At this time, it is anticipated that the remainder ofthe draft Zoning By-law will be available early in 2001. 1.3 A lot of effort has been put into making the draft Zoning By-law a concise and easy-to- use document. Some aspects of By-law No. 84- 63, such as the basic organization of the By-law, have been carried forward into the draft By-law. However, there are a number of significant differences between By-law No. 84-63 and the draft By-law. The most noticeable of these format changes is the extensive use of tables to list permitted uses and regulations, the use of figures, and the delineation of property lines on the Zoning Schedules. 1.4 The use of tables in the draft By-law allows permitted uses, zone regulations, and other regulations such as parking and loading space requirements to be presented in a concise manner. Figures have been used in conjunction with some definitions and general provisions to enhance the clarity of the draft By-law. 1.5 The detail on the Zoning Schedules has improved significantly over that contained in By- law 84-63. Lot boundaries for all existing and draft approved lots are now indicated on the Zoning Schedules. As well, the scale of the Zoning Schedules for the urban areas has been increased from 1:12,500 to 1:5000. These two changes greatly enhance both the accuracy and the ease of use ofthe Zoning Schedules. 2. OVERVIEW OF DRAFT ZONING BY-LAW 2.1 The draft Zoning By-law is organized into four parts: i) Part I - Scope and Interpretation ii) Part II - General Provisions iii) Part III - Zone Categories iv) Part IV - Zoning Schedules A Forward has been included at the begiuning of the By-law to provide assistance on how to use the By-law. 661 , . .' REPORT PD-070-00 PAGE 3 2.2 Part 1 - Scope and Interpretation Section 1 (Scope of By-law) establishes the legal context for the by-law by outlining such matters as the purpose of the By-law, its area of applicability, and its relation to other government requirements. Section 2 (Interpretation of By-law) addresses basic rules for interpreting the provisions of the By-law. Section 3 (Definitions) provides plain language definitions for the various uses and terms found in the draft By-law. 2.3 Part II - General Provisions Sections 4, 5 and 6 outline the provisions that apply to all areas covered by the By-law regardless of the zoning on a parcel of land. The general provisions in these three sections should be reviewed in conjunction with the specific zone provisions for a property set out in Part III of the By-law. Section 4 (General Development Provisions) covers such matters as accessory buildings, projection into required yards, visibility triangles, landscaped areas, and non-conforming buildings, structures and uses. Section 5 (Special Land Use Provisions) deals with special land uses such as in-house apartment, crisis care facilities, home occupations, temporary dwellings and garage sales. The provisions regarding public use exemptions are significantly different from those found in By-law 84-63. Because uses traditionally considered as public uses, such as electricity distribution companies, are now becoming privatized, the broad definition contained within By-law 84-63 was no longer viewed as appropriate. The draft By-law limits public use exemptions to those facilities which have specific locational requirements, such as sewage treatment plants and fire stations, and uses which are provided for the broader public good, such as community centres and parks. Section 6 (Off-Street Parking and Loading) reflects recent Council-approved amendments to By-law 84-63 regarding parking requirements. Provisions regarding designated parking spaces for the physically disabled and drive-thru queue aisles have 66i . REPORT PD-070-00 PAGE 4 also been incorporated. The loading space requirements have been revised by providing for two sizes of loading space. 2.4 Part III - Zone Categories Sections 7 through to 16 set out the permitted uses and regulations which apply to each zone. The zones are grouped into the following categories: Section 7 Urban Residential Zone Category (R) Section 8 Rural Residential Zone Category Section 9 Commercial Zone Category (C) Section 10 Industrial Zone Category (M) Section 11 Institutional, Parks and Utility Zone Category (P) Section 12 Open Space Zone Category (OS) Section 13 Agricultural Zone Category Section 14 Aggregate Extraction Category (AE) Section 15 Temporary Zone Category (T) Section 16 Future Development Zone Category (FD). The zones in each category are numbered sequentially. For example, under Section 9 the "Commercial Zone Category", there are seven separate commercial zones: Zones Cl through to C7. Provisions for Sections 8 and 13 have not been included in the current draft Zoning By-law and are indicated as "Reserved". These two sections will cover the rural residential zones and the agricultural zones respectively and are not required at this time since the current draft only covers the urban areas of Courtice and Bowmanville. 3. AGENCY AND PUBLIC INPUT 3.1 The draft by-law will be circulated to the various provincial and regional government departments, as well as neighbouring area municipalities and other agencies for comment. Staff propose to schedule open houses for public review and comment on the document in September. A session with the building industry will also be scheduled. Finally, anyone who has indicated an interest to date will be notified that a Draft Zoning By-law is available. 665 ,.. . REPORT PD-070-00 PAGE 5 The draft By-law will be priced at $20.00, taxes included. This will be applicable to anyone interested in obtaining a copy of the draft By-law for their review. 4. SUMMARY 4.1 With the completion of a Draft Zoning By-law, public consultation will commence. During the public consultation period for Bowmanville and Courtice, work on the balance of the By-law will continue. The mapping of Newcastle Village, Orono and the rural areas will proceed as updated hazard land mapping becomes available. Reviewed by, Davi J, rome, M.C.I.P., R.P.P. Director of Planning & Development Qlin~~ Chief Administrative Officer CP*JAS*DJC*cc June 14,2000 Attachment No. I Draft Zoning By-law (Handout) 664