HomeMy WebLinkAboutBy-law 4963/97 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 4963/97
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to
implement the Official Plan of the Town of Picketing District Planning Area,
Region of Durham in Part of Lot 19, Concession 2, in the Town of Pickering.
(A 5/95; 18T-95012)
WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to
permit a range of medium density dwelling types, a public walkway and open space uses on the
subject lands, being Part of Lot 19, Concession 2, in the Town of Pickering;
AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. SCHEDULE I AND II
Schedule I and II attached hereto with notations and references shown thereon is hereby
declared to be part of this By-law.
2. AREA RESTRICTED
The provisions of this By-law shall apply to those lands in Part of Lot 19, Concession 2,
Pickering, designated "RMM-1 ", "MD-Q 1", "02", and "OS-HL", on Schedule I attached
hereto.
3. GENERAL PROVISIONS
No building, land or part thereof shall hereafter be used, occupied, erected, moved or
structurally altered except in conformity with the provisions of this By-law.
4. DEFINITIONS
In this By-law,
(1) "Build-to-zone" shall mean an area of land in which all or part of a building or
buildings is located;
(2) (a) "Dwelling" shall mean a building or part of a building containing one or
more dwelling units, but does not include a mobile home or trailer;
(b) "Dwelling Unit" shall mean one or more habitable rooms occupied or capable
of being occupied as a single, independent and separate housekeeping unit
containing a separate kitchen and sanitary facilities;
(c) "Dwelling, Semi-Detached or Semi-Detached Dwelling" shall mean one of a
pair of single dwellings, such dwellings being attached together horizontally
in whole or in part above grade, below grade, or both above and below grade;
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(e) "Multiple Dwelling - Horizontal" shall mean a building containing three or
more dwelling units attached horizontally, not vertically, by an above grade
wall or walls;
(f) "Multiple Dwelling - Quadruplex" shall mean a multiple dwelling containing
only four dwelling units, each unit being connected to two or more other
units, and generally arranged with two units adjacent to the front lot line and
the other two units at the rear thereof;
(3) (a) "Floor Area-Residential" shall mean the area of the floor surface contained
within the outside walls of a storey or part of a storey;
(b) "Gross Floor Area-Residential" shall mean the aggregate of the floor areas of
all storeys of a building or structure, or part thereof as the case may be, other
than a private garage, an attic or a cellar;
(4) (a) "Lot" shall mean an area of land fronting on a street which is used or
intended to be used as the site of a building, or group of buildings, as the case
may be, together with any accessory buildings or structures, or a public park
or open space area, regardless of whether or not such lot constitutes the
whole of a lot or block on a registered plan of subdivision;
(b) "Lot Coverage" shall mean the percentage of lot area covered by all buildings
on the lot;
(c) "Lot Frontage" shall mean the width of a lot between the side lot lines
measured along a line parallel to and 7.5 metres distant from the front lot
line;
(5) "Private Garage" shall mean an enclosed or partially enclosed structure providing
a parking space for the storage of one or more vehicles, in which structure no
business or service is conducted for profit or otherwise;
(6) (a) "Yard" shall mean an area of land which is appurtenant to and located on the
same lot as a building or structure and is open, uncovered and unoccupied
above ground except for such accessory buildings, structures, or other uses as
are specifically permitted thereon;
(b) "Front Yard" shall mean a yard extending across the full width of a lot
between the front lot line of the lot and the nearest wall of the nearest main
building or structure on the lot;
(c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front
yard of a lot between the front lot line and the nearest wall of the nearest
main building or structure on the lot;
(e) "Rear Yard" shall mean a yard extending across the full width of a lot
between the rear lot line of the lot, or where there is no rear lot line, the
junction point of the side lot lines, and the nearest wall of the nearest main
building or structure on the lot;
(f) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear
yard of a lot between the rear lot line of the lot, or where there is no rear lot
line, the junction point of the side lot lines, and the nearest wall of the nearest
main building or structure on the lot;
(g) "Side Yard" shall mean a yard of a lot extending from the front yard to the
rear yard and from the side lot line to the nearest wall of the nearest main
building or structure on the lot;
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(h) "Side Yard Width" shall mean the shortest horizontal dimension of a side
yard of a lot between the side lot line and the nearest wall of the nearest main
building or structure on the lot;
(k) "Interior Side Yard" shall mean a side yard other than a flankage side yard.
5. PROVISIONS
(1) Uses Permitted ("RMM-1" Zone)
No person shall within the lands designated "RMM-I" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure for any purpose
except the following residential uses:
(a) semi-detached dwelling
(b) multiple dwelling - horizontal
(2) Zone Requirements ("RMM-1" Zone)
No person shall within the lands designated "RMM-1" on Schedule I attached
hereto use any lot or erect, alter or use any building except in accordance with the
following provisions:
(a) LOT AREA (minimum):
A semi-detached dwelling: 225 square metres
B multiple dwelling - horizontal: 180 square metres
(b) LOT FRONTAGE (minimum):
A semi-detached dwelling: 7.5 metres
B multiple dwelling - horizontal: 6.0 metres
(c) FRONT YARD DEPTH (minimum):
A semi-detached dwelling: 4.5 metres
B multiple dwelling - horizontal: 4.5 metres
(d) REAR YARD DEPTH (minimum):
A semi-detached dwelling: 7.5 metres
B multiple dwelling - horizontal: 7.5 metres
(e) SIDE YARD WIDTH (minimum):
A semi-detached dwelling: 1.2 metres
B multiple dwelling - horizontal: 1.2 metres
(f) INTERIOR SIDE YARD WIDTH (minimum):
A semi-detached dwelling,
multiple dwelling - horizontal, 1.2 metres, except
(i) where dwellings on abutting lots share a common wall, no interior
side yard shall be required adjacent to that wall on either lot;
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(ii) where dwellings on abutting lots share a common wall and one of
those dwellings has an extension of that common wall along the
common interior side lot line, no interior side yard shall be
required adjacent to the extension of that wall on the lot upon
which that dwelling is located;
(iii) where dwellings on abutting lots share a common wall and one of
those dwellings has a wall extension, other than a common wall,
that is not along the common interior side lot line:
(a) a minimum 1.2-metre interior side yard shall be provided
adjacent to the extension of that wall on the lot upon which
that dwelling is located if an abutting interior side yard is not
provided on the other lot, or
(b) a minimum 0.6-metre interior side yard shall be provided
adjacent to the extension of that wall on the lot upon which
that dwelling is located if an abutting interior side yard not
less than 0.6-metre is provided on the other lot;
(g) LOT COVERAGE (maximum):
A semi-detached dwelling: 38 per cent
B multiple dwelling - horizontal: 38 per cent
(h) BUILDING HEIGHT (maximum):
A semi-detached dwelling: 12 metres
B multiple dwelling - horizontal: 12 metres
(i) DWELL1NG UNIT REQUIREMENTS:
A semi-detached dwelling, and multiple dwelling - horizontal:
(i) minimum gross floor area-residential of 100 square metres;
(ii) maximum one dwelling unit per lot;
(j) PARKING REQUIREMENTS:
A semi-detached dwelling: there shall be provided and maintained on
the lot a minimum of one private garage attached to the dwelling unit,
and having a vehicular entrance which shall be located not less than 6.0
metres from the front lot line.
B multiple dwelling - horizontal: there shall be provided and
maintained on the lot a minimum of one private garage attached to the
dwelling unit, and having a vehicular entrance which shall be located
not less than 6.0 metres from the front lot line.
(k) SPECIAL REGULATIONS:
(i) despite the provisions of section 5.(2)(d)A above, for lots within
the shaded area illustrated on Schedule I attached hereto, no
building or structure shall be located closer than 10.0 metres from
the boundary with the "OS-HL" zone designation within the
shaded area;
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(ii) despite the provisions of section 5.(2)(d)B above, for lots abutting
Brock Road containing a build-to-zone as illustrated on Schedule II
attached hereto, a minimum of 60% of the length of the build-to-
zone within the lot shall contain a building or part of a building
containing dwellings units;
(iii) despite the provisions of section 5.(2)(d)B above, for lots abutting
Brock Road containing a build-to-line as illustrated on Schedule II
attached hereto, a minimum of 60% of the length of the build-to-
line within the lot shall have located on it, a building or part of a
building containing dwelling units;
(iv) no part of any private garage shall extend more than 2.2 metres
beyond the wall containing the main entrance to the dwelling unit,
except where a covered and unenclosed porch or verandah extends
a minimum of 1.8 metres from the wall containing the main
entrance to the dwelling unit, in which case no part of any attached
private garage shall extend more than 3.0 metres beyond the wall
containing the main entrance to the dwelling unit;
(v) despite the provisions of section 5.7 of By-law 3036, as amended,
decks or balconies, whether covered or uncovered, shall be
permitted to project a maximum of 1.5 metres into the required
rear yard;
(vi) despite the provisions of section 5.18 of By-law 3036, as amended,
no accessory structure or building shall be permitted on lots
containing a build-to-zone or build-to-line, as illustrated on
Schedule I attached hereto;
(vii) despite the definition of "Dwelling, Semi-Detached or
Semi-Detached Dwelling" in Section 4(5)(c), semi-detached
dwellings erected in a "RMM-I" zone shall be attached above
grade by a common wall which extends from the base of the
foundation to the roof line and for a horizontal distance of not less
than 75 per cent of the horizontal depth of the building.
6. PROVISIONS
(1) Uses Permitted CMD-QI" Zone)
No person shall within the lands designated "MD-QI" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure for any purpose
except the following residential uses:
(a) multiple dwelling - quadruplex
(2) Zone Requirements ("MD-Q1" Zone)
No person shall within the lands designated "MD-Q1" on Schedule I attached
hereto use any lot or erect, alter or use any building except in accordance with the
following provisions:
(a) BUILDING HEIGHT (maximum): 12.0 metres
(b) LOT FRONTAGE (minimum): 5.0 metres
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(c) YARD SETBACKS (minimum): as illustrated on Schedule II attached
hereto.
(d) LOT COVERAGE (maximum): 38 per cent
(e) DWELLING UNIT REQUIREMENTS:
(i) maximum of one dwelling unit per lot;
(ii) minimum gross floor area - residential of 100 square metres; and
(iii)maximum of 16 dwelling units on the lands designated "MD-QI".
(f) PARK1NG REQUIREMENTS:
(i) there shall be provided and maintained on the lot a minimum of one
private garage attached to the dwelling unit, and having a vehicular
entrance which shall be located not less than 6.0 metres from the front
lot line; or
(ii) where no private attached garage is provided, there shall be provided
and maintained on the lot two parking spaces per dwelling unit located
in the front yard of the lot in a tandem arrangement, such arrangement
having a maximum width of 2.7 metres and a maximum length of 12
metres.
(g) SPECIAL REGULATIONS:
(i) despite the provisions of section 5.18 of By-law 3036, as amended, no
accessory structure or building shall be permitted;
(ii) a minimum horizontal distance of 3.6 metres shall be provided between
exterior walls of multiple dwellings - quadruplex.
7. PROVISIONS ("OS-HL" Zone)
(1) Uses Permitted ("OS-HL" Zone)
No person shall within the lands designated "OS-HL" on Schedule I attached
hereto use any land for any purpose, or erect, alter or use any building or structure
for any purpose except for the preservation and conservation of the natural
environment, soil and wildlife.
(2) Zone Requirements ("OS-HL" Zone)
No buildings or structures shall be permitted to be erected, nor any existing
buildings or structures be modified or changed, nor shall the placing or removal of
fill be permitted, except where buildings or structures are used for the purposes of
flood and erosion control.
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8. BY-LAW
By-law 3036, as amended, is hereby further amended only to the extent necessary to give
effect to the provisions of this By-law as it applies to the area set out in Schedule I
attached hereto. Definitions and subject matters not specifically dealt with in this By-law
shall be governed by relevant provisions of By-law 3036, as amended.
9. EFFECTIVE DATE
This By-law shall take effect from the day of passing hereof subject to the approval of the
Ontario Municipal Board, if required.
READ A FIRST AND SECOND TIME THIS 7 th DAY OF April ,1997.
READ A THIRD TIME AND PASSED THIS 7th DAY OF April ,1997.
MAYOR
WAYNE ARTHURS
BRUCE J. TAYLOR
OS-HL
M.T.R.C.A. LAND
SCHEDULE ! TO BY-LAW ~63/~'~
PASSED THIS ~h
DAY OF April 1997
MAYOR
SCHEDULE Tr TO BY-LAW 4963/97
PASSED THIS 7th
DAY OF April 1997
MAYOR
CLERK