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Home My WebLink AboutBy-law 978/79Approved by O.M.B. on June 8, 1979 File R-791866 THE CORPORATION OF THE 1'OIJN OF PICKERING BY-LAW NUMBER 97879 Being a Restricted Area By-law to amend Restricted Area By-law 3036, as amended, to implement the Official- Plan of the Town of Pickering District Planning Area, Region of Durham, on Part of Bloc's U, Plan `(-1039, in the Town of Pickering. WHr'RFAS the Council of the Cor''JOration of the Town Of Pickering deems it desirable to permit the development of single attached dwellings on the subject lands; AND WHEREAS an amendment to By-law 3036, as amended, is there- fore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: Section 1: SCHEDULE "I" Schedule "I" hereto with notations and references shown thereon is hereby declared to be part of this by-law and is described as follows: Schedule "I" - Kitley Avenue - Pinecreek Court Zoning Map Section 2: AREA RESTRICTED The provisions of this by-law shall. apply to those lands in Block U, Plan M-1039, designated "SA-A" and "SA-AB" on Schedule "I" attached hereto. Section 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. Section 4: DEFINITIONS (a) "Coverage" shall mean the percentage of lot area covered by all buildings on the lot. (b) (i) "Dwelling" 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. (ii) "Single-Dwelling" shall mean a building containing not more than one dwelling and uses accessory thereto. (iii) "Single Attached Dwelling - Attached Above Grade" shall mean one of a group of not less than three and not more than six single dwellings which are attached horizontally and divided vertically by an above grade common wall between adjacent single dwellings which wall shall be not less than 3 metres in length and not less than 1 storey in height. (iv) "Single Attached Dwe ll in; - -At' ached Abov a- or - -- - - - 11 --- -- - Bel.ow_Gr_ade" shall mean one of a group of not less -n...• than three and not more than six single dwellings C'F which are attached horizontally in whole or in part above grade or below grade, or both. " (c) Floor Area " shall mean the total area of the floors of .. gun ?.i U:.,a9 - --------_---- all storeys -- contained within the outside walls of a buildin excluding, in the case of a building containing a dwelling o. the fl r? t_ - -- :h, -2- (d) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a single dwelling, together with any accessory buildings or structures, regardless of whether or not such lot constitutes the whole_ of a lot or block on a registered plan of subdivision. (e) "Lot Frontage" shall mean the horizontal distance between the side lot lines of a lot, such distance being measured along a line which is parallel to a 7.5 metres distant from the front lot line. (f) "Pri-vateGa_rage" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise. (g) (i) "Yard" shall mean an area of land which is appurtenant to and located on the same ].or 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. (ii) "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. (iii) "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. (iv) "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. (v) "Rear Yard D_ dimension of lot line or, the junction nearest wall on the lot. epth" shall mean the shortest horizontal a rear yard of a lot between the rear where there is no rear lot line, point of the side lot lines, and the of the nearest main building or structure (vi) "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. (vii) "Side Yard Width" shall. mean the shortest horizontal dimension of a side yard of a lot between the side lot line and nearest wall of the nearest main building or structure on the lot. (viii) "Fla nkage_Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street. (ix) "Interior Side Yard" shall mean a side yard other than a flankage side yard. -3- Section 5: PROVISIONS (a) 1. Uses Permitted No person shall within the lands designated "SA-A" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except: (a) single attached dwelling attached above grade residential uses. 2. Zoning Requirements No person shall within the lands designated "SA-A" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) LOT AREA (minimum): 200 square metres (b) LOT FRONTAGE (minimum): 6.7 metres except that: (i) in the case of a corner lot, the minimum shall be 10.7 metres; (ii) in the case of an interior lot containing a single dwelling attached on only one side above grade, the minimum shall be 8.5 metres. (c) FRONT YARD DEPTH (minimum): 4.5 metres (d) SIDE YARD WIDTHS (minima): (i) interior side yard: 1.5 metres, except that no interior side yard shall be provided where single attached dwellings on adjacent lots are attached together by a common wall extending along the side lot line separating such lots, so long as every wall on such side and not part of a common wall, or not a direct extension there- of, shall be set back from the side lot line separating such lots as follows: (a) 1.8 metres measured perpendicularly to such side lot line if no abutting side yard is provided on the abutting lot, or (b) 0.9 metres measured perpendicularly to such side lot line if an abutting side yard is provided on the abutting lot. (ii) flankage side yard: 3 metres (e) REAR YARD DEPTH(minimum): 7.5 metres (f) FLOOR AREA(minimum): 100 square metres (g) LOT COVERAGE(maximum): 38 percent (h) BUILDING HEIGHT(maximum): 12 metres (i) DWELLINGS PER LOT(maxi_mum): 1 only (j) PRIVATE GARAGES (minimum): 1 per dwelling, attached to the main building and located not less than 6 metres from the front lot line (b) 1. Users Par;aitted No person shall within the lands designated "SA-AB" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except: (a) single attached dwelling attached above or below grade residential uses. 2. Zone Requirements No person shall within the lands designated "SA-AB" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) LOT AREA(minimum): 200 square metres (b) LOT FRONTAGE(minimum): 6.7 metres except that: (i) in the case of a corner lot, the minimum shall be 10.7 metres, (ii) in the case of an interior lot containing a single dwelling attached on only one side, the minimum shall be 8.5 metres. (c) FRONT YARD DEPTH(minimum): 4.5 metres (d) SIDE YARD WIDTHS(minima): (i)interior side yard:1.5 metres, except that no interior sideyard shall be required where single attached dwellings on adjacent lots are attached together by a common wall extending along the side lot line separating such lots, so long as every wall on such side and notpart of a common wall, or not a direct extension thereof, shall be set back from the side lot line separating such lots as follows: (a) 1.8 metres measured perpendicularly to such lot line if no abutting side yard is provided on the abutting lot, or (b) 0.9 metres measured perpendicularly to such side lot line if an abutting sideyard is provided on the abutting lot. (ii)flankage side yard: 3 metres (e) REAR YARD DE.PTH(minimum): 7.5 metres (f) FLOOR AREA(minimum): 100 square metres (g) LOT COVERAGE(maximum): 38 percent (h) BUILDING HF.IGHT(maximum): 12 metres (i) DWELLINGS PER LOT(maximum): 1 only (j) PRIVATE GARAGES(minimum): 1 per dwelling attached to the main building and located not less than 6 metres from the front lot line. -5- Section 6: BY-LAW 3036 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 "1" attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the provisions of Sections 1, 2, 3, 4, 5, 6, 19 and 20 of By-law 3036, as amended. Section 7: ENFORCEMENT Any person who contravenes any of the provisions of this By-law shall. be liable upon conviction thereof to a fine not exceeding $1,000.00 for each offence, exclusive of costs, recoverable under The Summary Convictions Act. Section S: EFFECTIVE, DATE. No part of this By-law shall come into force without the approve: of the Ontario Municipal Board but subject to such approval the By-law shall take effect from the date of passing hereof. READ A FIRST AND SECOND TIME THIS 2nd _DAY OF _Apri1 1979. READ A THIRD TIME AND PASSED THIS -2nd -DAY OF_ _ __A?ril 1979 \MWYOR CLERK 0 Q 0 cr w _X 0 AVENUE SCHEDULE 11 1 11 TO BY - LAW 978/79 KITLEY AVENUE ZONING KEY MAP= I FINCH AVENUE L ----I I - PINECREEK COURT MAP PASSED THIS 2nd DAY OF April 1979 AYOR? CLERK 1 MN W PIr':'M - i,v-T,A- 978/79 EXPEANAMAN ME* :ANDS AFFEC_TF'D: Part of Rlock C, PIaa M-1039, in the T•?-• PickEK, as outli%ed on Schedule "I" of the attached bylaw. 'RESENT ZONING DESIGNATION: "A" Rural_ Agricultural Zone, and "G" Greenbelt-Conservation Zone 'ROPOSED ZONING DESIGNATION: "SA-A" Residential - single attached dwelling zone attached above grade and "SA-AR" Residential - sin1le attache) dwelling zone_ attached above or below grade. 'URPOSE OF_BY-LAW: The purpose of this by-law is to amand the existing Restricted Area By-law affecting the subject properCy to permit single attached) dwellings attached above grade and single attached dwellings attached below grade. FFECT_OF BY-LAW: The effect of this by-law is to enable the development on the subject lands of: (a) 20 single attached dwellings attached above grade each on a lot with a minimum 6.7 metres lot frontage and 200 square metres lot area; and (b) 12 single attached dwellings attached above grade or below grade each on a lot with a minimum 6.7 metres lot frontage and 200 square metres lot area. provided pursuant to the Revised Rules of Procedure (Section $) of The Ontario Municipal Board (The Planning Act, R.S.O. 19;0, s. 35(11))