HomeMy WebLinkAboutBy-law 6992/09
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THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 6992/09
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to
implement the Official Plan of the City of Pickering Planning Area, Region of Durham in
the former Dunbarton Village. (A12/08)
WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to
regularize the zoning of the former Dunbarton Village;
AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed
necessary,
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. SCHEDULE I
Schedule l 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 25,
Concession 1; Pickering designated "C2-DB "S2=DB", "S3-8" "R3-DN" and
"OS-HL",'on Schedule I attached here to,
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) "Bed and Breakfast Establishment" shall mean an establishment that
provides sleeping accommodation (including breakfast and other meals,
services, facilities and amenities for the exclusive use of guests) for the
traveling or vacationing public in, up to two guest rooms which is operated
from a detached dwelling on the lot, or a building or structure accessory to
the detached dwelling which is managed, directed or conducted by one or
more of the occupants of the detached dwelling on the lot.
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(2) "Business Office" shall mean a building or part of a building in which the
management or direction of a business, a public or private. agency, a
brokerage or a labour or fraternal organization is carried on and which may
include, a data processing establishment, the premises of a real estate or
insurance agent, but shall not include a retail store, or a contractors yard;
(3) Contractors Yard shall mean the yard of any general contractor, builder or
landscaper where equipment and material are stored or where a general
contractor, builder or landscaper performs shop or assembly work or
assembles material for offsite work;
(4) Domestic Business - Type C shall mean an antique store, an arts and
crafts shop, a book store, a business office, a clothing boutique,
professional office-non medical, or a tea room, and shall not include a
contractors yard, and which is:
(a) operated from a detached dwelling on the lot, or a building or'
structure accessory to the detached dwelling on the lot;
(b) managed, directed or conducted by one ,or more of the occupants
of the detached dwelling on'the lot;
(5) (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 Single or Single Dwelling" shall mean a single dwelling
containing.one dwelling unit and uses accessory hereto;
(d) "Dwelling Detached or Detached Dwelling" shall mean a single
dwelling which is freestanding, separate and detached from other
main buildings or structures;
(e) "Dwelling Semi-Detached or Semi-Detached Dwelling" shall.mean
one of a pair of single dwellings, such dwellings being 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 6.0 metres;
(6) (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;
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(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,
(7) (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 a group of
buildings, as the case maybe, 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 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;
(8) "Professional Office-- Non-Medical" shall mean a building or part of a
building in which legal or other professional service is performed or
consultation given, and which may include the offices of an architect, a
chartered accountant, an engineer, or a lawyer, but shall. not include the
office of a physician or a body-rub parlour as defined by the Municipal Act,
R.S.O. 1990, c.M. 45, as amended from time-to-time, or any successor
thereto;
(9) (a) "Private Garage" 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;
(10) (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;
(d) "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,
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(e) "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 function point, of the side lot lines, and
the nearest wall of the nearest main building or structure on the lot;
(f) "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;
(g) "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; .
(h) Flankage 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;
(i) "Flankage Side Yard Width shall mean the shortest horizontal
dimension of a flankage side yard of a lot between the lot line
adjoining a street or abutting on a reserve on the opposite side of
which is a street, and the nearest wall of the nearest main building
or structure on the lot;
(j) "Interior Side Yard" shall mean a side yard other than a flankage
side yard.
5. PROVISIONS ("S2-DB" Zone)
(1) (a) Uses Permitted ("S2-DB" Zone)
No person shall, within the lands zoned "S2-DB" on Schedule I.
attached to this By-law, use any lot or erect, alter or use any
building or structure for any purpose except the following.
(i) detached dwelling residential use
(ii) semi detached dwelling residential use
(iii) Domestic Business - Type C
(iv) Bed and Breakfast Establishment
(b) Zone Requirements ("K2 DB " Zone)
No person shall within the lands designated "S2-DB" on Schedule
attached hereto use any lot or erect, alter or use any building
except in accordance with the following provisions:
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LOT AREA (minimum):
A for detached dwellings: 350 square metres
B for semi-detached dwellings: 175 square metres
(ii) LOT FRONTAGE (minimum):
A for detached dwellings: 12.0 -metres
B for semi detached dwellings: .6.0 metres
(iii) FRONT YARD DEPTH:
minimum) 3.0 metres
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(maximum) 6.0. metres
(iv) REAR YARD DEPTH (minimum): 7.5 metres
(v) SIDE YARD WIDTH (minimum):
A for detached dwellings 1.2 metres on one side and
0.6 metres on the other side
B for semi detached dwellings minimum 0.6 metres
except that,
(i) where dwellings are on abutting lots share a
common wall, no interior side yard shall be
required adjacent to that wall on either lot
(ii) where dwellings on abutting lots share a common
wall and one of those dwellings has an extension
of that common wall that extends along the
common interior side lot line, no interior side yard
shall be required adjacent to the extension of that.
wall upon which that dwelling is, located;
or
(iii) where dwellings on abutting lots share a common
wall and one of those dwellings has an extension
of that common wall that does not extend along,
the common interior side lot line, the following
shall apply:
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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 is provided on the
other lot.
(vi) FLANKAGE SIDE YARD WIDTH
(minimum): 2.7 metres
(vii) BUILDING HEIGHT (maximum): 9.0 metres.
(viii) LOT COVERAGE
(maximum): 40 percent for all buildings
and structures
(ix) PARKING REQUIREMENTS:
A one additional parking space if a Domestic Business -
Type C is operation from the.lot, which space shall be
located within the rear yard or side yard;
B one parking space for each guest room associated with a
Bed and Breakfast Establishment;
(x) SPECIAL REGULATIONS:
A despite the provisions of this by-law, any lot in the S2-DB
zone, which existed on the date of passing of this by-law,
and has insufficient lot area, parking, lot frontage, front,
rear or side yards, or exceeds the permitted lot coverage
or building height, shall be deemed to comply with this
by-law. Nothing in this bylaw shall prevent the erection of
an addition to any such dwelling, provided the addition
conforms to the provisions of this by-law.
B A Domestic Business Type C; shall only be located on
the ground floor of the.dwelling or any accessory building
or structure on the lot; shall not exceed 90 square metres
gross leasable floor area and shall be limited to only one
Domestic Business - Type C use at any given time on a
property and if a Domestic Business - Type C use is
operating, a home base business is prohibited on the
property.
C a contractors yard is a prohibited use on any lot within
the "S2-DB" zone;
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(xi) Uncovered steps and platform
projection into rear yard (maximum): 1.5 metres for any
uncovered steps and
platform not exceeding
2.0 metres in height;
(xii) OPEN STORAGE:
All uses, other than parking, shall take place entirely within
enclosed buildings or structures with no outside storage or
display.
6. PROVISIONS (°C2-DB" Zone)
(1) (a) Uses Permitted ("C2-DB" Zone)
No person shall, within the lands.zoned °C2-D B" on Schedule
attached to this By-law, use any lot.or erect, alter or use any
building or structure for any purpose except the following:
(i) antique store;
(ii) arts and crafts shop;
(iii) book store;
(iv) business office;
(v) clothing boutique;
(vi). professional office-nonmedical;
(vii) tea room;
(viii) Bed and Breakfast Establishment;
(b) Zone Requirements ("C2-DB" Zone)
No person shall within the lands designated "C2-DB" on Schedule
attached hereto use any lot or erect, alter or use any building
except in accordance with the following provisions:
(i) LOT AREA (minimum): 350 square metres
(ii) LOT FRONTAGE (minimum): 12.0 metres
(iii) FRONT YARD DEPTH (minimum): 3.0 metres
(iv) REAR YARD DEPTH (minimum): 7.5 metres .
(v) SIDE YARD WIDTH
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(minimum): 1.2 metres, on one
side, and 0.6 metres on
the other side
.(vi) FLANKAGE SIDE YARD WIDTH
(minimum): 2.7 metres
(vii) BUILDING HEIGHT (maximum): 9.0 metres
(viii) SPECIAL REGULATIONS:
A despite the provisions of this by-law, any lot in the,
"C2-DB" zone, which existed on the date of passing of .
this by-law, and has insufficient lot area, parking, lot
frontage, front, rear or side-yards, or exceeds the
permitted lot coverage or building height, shall be
deemed to comply with this by-law. Nothing in this bylaw.
shall prevent'the erection of an addition to any such
dwelling, provided the addition. conforms to the provisions
of this by-law;
B a contractors yard is a prohibited use on any lot within
the "C2-DB" zone;
(ix) PARKING REQUIREMENTS:
A one parking space for each guest room associated with a
Bed and Breakfast Establishment;
B there shall be provided on the lot a minimum of 4 parking
spaces at all times, associated with all other uses within
the "C2-DB" zone;
(x) OPEN STORAGE:
All uses, other than parking, shall take place entirely within
enclosed buildings or structures with no outside storage or
display.
(x) EXCEPTION
Despite the uses permitted within' Section 6.(1) (a) of this
By-law,.a maximum of four dwelling units may be permitted
within a building or structure located within the "C2-DB" zone
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PROVISIONS ("S3-8" Zone)
Lands known as 1062 Dunbarton Road shall be zoned "S3-8" as shown on
Schedule I attached hereto and shall be subject to all of the provisions of that
zone, as set out in By-law 3036, as amended by By-law 5342/98.
8. PROVISIONS ('`R3-DN". Zone)
The lands designated "R3-DN" on Schedule I attached hereto may be used for
the purposes of one day nursery, in addition to the uses permitted within
Section 9.1 of By-law 3036.
9. 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 lot or erect, alter or use any building or structure
for any purpose except the following:
(a) preservation and conservation of the natural environment, soil and
wildlife;
(b) resource management;
(c) pedestrian trails and walkways;
(2) Zone Requirements ("OS-HL" Zone)
(a) No buildings or structures shall be permitted to be erected, nor shall
the placing or removal of fill be permitted, except where buildings or
structures are used only for purposes of flood and erosion control,
resource management, or pedestrian trail and walkway purposes.
10. REPEAL OF BY-LAWS
Upon this By-law being in force and effect, the following By-laws are hereby
repealed:
By-law 6535/05 and By-law 1098/80
11 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 I attached hereto. Definitions and subject matters not
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specifically dealt with in this By-law shall be governed by relevant provisions of
By-law 3036, as amended.
12. EFFECTIVE DATE
This By-law shall come into force in accordance with the provisions of the
Planning Act.
BY-LAW read a first, second and third time and finally passed this 19th day of October, 2009.
Dave Ryan ay
Debi A. Wilcox, Clerk
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SCHEDULE I TO BY-LAW 6992/09
PASSED THIS 1 9th
DAY OF October 2009