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Home My WebLink AboutBy-law 7082/10 The Corporation of the City of Pickering OMB ORDER NO PL100330 By-law No. 7082/10 AUG. 20/10 Being"a By-law to amend Restricted. Area Zoning By-law 2511, as amended, to implement the Official' Plan' of the City of Pickering, Region of Durham in Part of Blocks K, L and M, Plan 418, in the City of Pickering (SP 2008-02;& A 02/08). Whereas the The Corporation 'of the.City of Pickering received an application to rezone Part of Blocks K, L and M,, Plan 418, in the City of Pickering to permit the development of lots for detached dwellings on the subject lands; And whereas it is appropriate to amend By-law 2511, as amended, to permit such uses; Now therefore by order the Ontario Municipal Board arimends By-law 3037 as follows: 1. Schedule Schedule I attached hereto with notations and references' shown thereon is hereby declared to be part of his By-law. -2. Area Restricted The.provisions,of this By-law shall apply to those. lands in Part of Blocks K, L and M, Plan 418, in the City of Pickering, designated "S4-9" on Schedule 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)" (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;. By-law No. 7082/10 Page 2 (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; (2) (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, (3) (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 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; (4) "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; (5) (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; By-law No. 7082/10 Page 3 (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; (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 junction 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 aside yard other than a, flankage side yard. 5. Provisions (1) (a) Uses Permitted ("S4-9" Zone) No person shall within the lands designated "S4-9" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) detached dwelling residential use (b) Zone Requirements ("S4-9" Zone) No person shall within the lands designated "S4-9" on Schedule attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: By-law No. 7082/10 Page 4 (i) Lot Area (minimum): 325 square metres (ii) Lot Frontage (minimum): 11.0 metres (iii) Front Yard Depth (minimum): 6.0 metres A despite Section 5.8(b) of By-law 2511 as amended, uncovered and covered platforms/porches attached to a main dwelling may provide a front yard depth of 4.5 metres. (iv) Interior. Side Yard Width (minimum): A. for lot frontages 15.0 metres or greater: (1) 1.5 metres on. both sides; B for lot frontages greater than 12.0 metres to 14.9 metres: (1I) 1.2 metres on both sides; _ C for lot frontages less than or equal to 12.0 metres; (1) 1.2 metres one side, 0.6 metre on the other; (v) Flankage Side Yard Width (minimum): 2.7 metres (vi) ' Rear Yard Depth (minimum): A for lot depths less than or equal to 40.0 metres: 7.5 metres B for lot depths greater than 40.0 metres: 10.0 metres C. where the rear yard abuts a CN Rail right-of-way 30.0 metres (vii) Building Height (maximum):. 12.0 metres (viii) Lot Coverage (maximum): 42 percent (ix) Parking Requirements:. A minimum one private garage per lot attached to the main building; any vehicular entrance of which shall be located not less than 6.0 metres from the front lot line, and not less than 6.0 metres from any side lot line immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; By-law No. 7082/10 Page 5 B maximum projection of the garage front entrance from the Wall containing the main entrance to the dwelling unit shall not exceed 2.5 metres in length, whether or not such garage has a second storey, except where a covered and unenclosed porch or veranda 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; C - a driveway width shall not occupy more than 55 percent of - the front yard width. (x) Special Requlations: A rear yard uncovered steps and platforms less than or equal to 1.0 metre above grade may project a maximum of 2.5 metres; B rear yard uncovered steps and platforms, exceeding 1.0 metre in height above grade and less than or equal to 6.0 metres in width may project a maximum of 1.5 metres. 6. By-law By-law 2511, 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 l attached hereto. Definitions and subject matters not specifically .dealt with in this By-law shall be governed by relevant provisions of By-law 2511, as amended: 7. Effective Date This By-law shall come into force on the day it is passed pursuant to an Order of the Ontario Municipal Board. Note: Oral decision of the Ontario Municipal Board delivered August 16, 2010. Written Decision issued August 20, 2010. I (if MOORELANDS CRES. I G ~ i I I I I 1 \ L--- a I\ \ ~ / I I I, I I I I \ \ 'i ~ I \ \ ~ 7- I I -~7LT' I ALT 1 152.3m i I I I 1 1 1 1 1 1 I- , -I I I I I I i I I I 1 I i I 31 a COWAN CIRCLE \ o 1 ' 111.9m 1 1 w 3 54-9 (n PART OF BLOCKS K, L, AND M,. PLAN 418 / O ix 58.Om 3 26.1 m 13 35.3m 3 GILLMOSS ROAD N 26.6m ; - - - - / - - - - -------a1 N SCHEDULE I TO BY-LAW 7082/ 10 APPROVED'BYTHE ONTARIO MUNCIPAL BOARD ORAL DECISION DELIVERED AUGUST 16, 2010 WRITTEN DECISION DELIVERED AUGUST 20, 2010