HomeMy WebLinkAboutBy-law 4271/93 CORPORATION OF THE TO~I OF
BY-LAW NUMBER 4 2 71/9 3 z 9 2 0 c - 6
Being a By-law to amend Res.tricted Area (Zoning) By-law. 3036, as
amended, to implement the Official Plan of the Town of Pickermg District
Planning Area, Region of Durham, in Part of Lot 35, Concession 1, Town of
Pickering (A 2/92, 181'-91019)
WH~-REAS the Council of. the Corpo.r. ation of the Town of Pi.c. kering, dee.ms it desirable to
amend By-law 3036 to permu the estabhshment of detached dwelling res~d.e, nual, semi-detacbed
dwe. lling residen.tial, open.space-hazard land, neighbourb._o~d, pqk, and pubhc school uses on the
subject lands, be,rig Pan ot Lot 35, Concession 1, Town of Pickenng;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACi~ AS FOLLOWS:
1. SCHED~ I
Schedule I attached hereto with notations and references shown thereon is hereby declared
m be part of this By-law.
2. AREA R~ICTED
The provisions of this By-law shall apply to those lands in Part of Lot 35, Concession 1, in the
Town of Pickering, designated "R3-4', "R3-5", "S3", "S4", "SD-A", "S4-ES", "R3-5-ES",
'OS-HL' and "NP" on Schedule I attached hereto.
3. (~ENERAL PROVISIONS
No building, structure, land or part there, of shall hereafter be used, occupied, erected, moved
or structurally altered except in conformity with the provisions of this By-law.
4. ~
In this By-law,
(1) (a) ~ .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) ~/t[lilig_],I. Jl~ shall mean one or more habitable rooms occupied or capable of
being occupied as a. single, independent .a.nd separate housekeeping unit
containing a separate kitchen and sanitary faciimes;
(c) 'Dwellinp_. Sinile or Single Dwelling" shall mean a dwelling containing one
dwelling~nit and uses accessory there/o;
(d) "l)wellln~. Detached or Detached Dwellin£" shall m. ean ..a single dwelling which is
freestanding, separate and detached from 6ther mare buildings or slructures;
(e) ".Dw. ellinn. Semi-Detached or .S. emi-D.etached Dwelling" shall mean one .of a pair
of .single-dwellings, such dwelhngs being attached together horizontally In whole
or m part above grade, below grade, or both above grade and below grade;
(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;
lb) ~Gross Floor A. rea- Residential' shall mean the aggregate of the floor areas of all
sloreys of a building or structure, or part thereof as the case may be, other than a
private garage, an attic or a cellar;
tO the order of
the Ontario Municipal Board
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(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 a group of buildings, as the ~se 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) ~al_.C, O3Lr, llg~ shall mean the percentage of lot area covered by all buildings on
the lot;
(c) ~ shall mean the width o.f.a lot between the side lot lines measured
along a line parallel to and 7.5 metres dtstant from the front lot line;
(4) 1~ shall mean a municipal public park;
(5) 1~ shall mea.n an enclosed or partially enclosed structure for the storage
of one or more vehicles, tn which structure no business or service is conducted for
profit or otherwise;
(6) (a) ~ shall mean,
(i) a sc.hool under the jurisdiction of a Board of Education which Board is
continued or estabhshed pursuant to the Education Act, R.S.O..1990,
chapter E.2, or any successor thereto;
(ii) a college .of. applied arts and technology continued or established pursuant
to the MJmstry of Colleges and Umversities Act, R.S.O. 1990, chapter
M. 19, or any successor thereto; and
(iii) a university eligible to receive provincial funding pursuant to the Ministry
of Colleges andUniversities Act, or any successor thereto;
(7) (a) 'Yard' shall mean an area of land wh!ch is appurtenant to and located on the
same lot as a building or structure and !s .open, uncovered and unoccupied above
ground except for such accessory buddings, structures, or other uses as are
specifically permttted thereon.
(b) ~ s. hall mean n yard extending across the full width of a lot between
the front lot hne of the lot and the nearest wall of the nearest main building or
structure on the lot;
(c) 'Fronl Yard Deoth" shall mean t.h.e shortest horizontal dimension of a front yard
of a Iol between the front lot i~ne and the neares! wall of the nearest main
building or structure on the lot;
(d) ~.shall mean a yard extending.across the full width .of a lot between
the r.ear lot hne of the lot, or where there Is no rear lot lin. e, the ju. nction point of
the s~de lot lines, and the nearest wall of the nearest mare building or structure
on the lot;
(e) ~ shall mean the shortest horizo.ntal dimension of a rear yard of
a lot between, the rear lot line, or where there ~s 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;
(0 ~ shall mean a .y~.rd of a lot extending from the front yard to the rear
yard and from the side lot hne 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) *Flankaee Side Yard~ shall mean.a side yard immediately adjoining a street or
abuttin~ on a reserve on the opposite side of which is a street;
(i) 'Flankaee Side Yard Width' shall mean t.h.e sho.rtest, horizontal dimension of a
tlankag~ side yard of a. lot between lhe lo.t hne adjoining a street or abutting on a
reserve on the o.ppos,te side of which ~s a street and the nearest wull of the
nearest main build,ag or structure on the lot;
(j) 'Interior Side Yard' shall mean a side yard other than a flankage side yard.
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~O~SIONS ("R3-4" and "R3-5" Zones)
(1) ("P.3-4' and "R3-5' Zones)
No person shall within the lands designated .."~..-4" and 'P,3-5" o.n Schedule l attached
hereto use any lot or erect, alter or use any budding or structure tot any purpose except
the following:
(a) detached dwelling residential use
(2) and Zones)
No person shall within the lands designated 'R3-4' an.d "R3-5' on Schedule. I
attached hereto use any lot or erect, alter or use any buildmg or structure except m
accordance with the following provisions:
(a) LOT AREA (minimum):
(i) on the lands designated 'P.3-4': 800 square metres
(ii) on the lands designated "R3-$": 550 square metres
(b) LOT FRONTAGE (minimum): 18 metres
(c) FRONT YARD DEPTH (minimum): 4.5 metres
(d) INTERIOR SIDE YARD WIDTH (minimum):
(i) A 1.2 metres provided to the nearest wall of a private garage attached to
the main dwelling, and
B 1.8 metres provided to any other wall of the main dwelling, or
(ii) 1.8 metres one side, and 4.0 metres other side where a detached garage is
located in the rear yard
(e) FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres
(f) REAR YARD DEPTH (minimum):
(i) on the lands designated "R3-4": 16 metres
(ii) on the lands designated 'R3-$': ' 7.5 metres
(g) LOT COVERAGE (maximum): 38 percent
(h) BUILDING HEIGHT (maximum): 12 metres
(i) DWELLING UNIT REQUIREMENTS: maximum one dwelling unit
per lot and minimum gross floor area-residential of 100 square metres.
(j) PARKING REQUIREMENTS: minimum oneprivate garage
per lot, any vehicular entrance of which shall be located not less than 6.0 met.res
from the front lot line and not less than 6.0 metres from any side lot hne
immediately adjoining or abutting a reserve on the opposite side of which is a
street.
(k) SPECIAL REGULATIONS:
(i) despite the provisions of Section 5.(1)(a) above, the area diagonally
hatched .on Schedule I attached hereto shall o.n.l~/, be used for tree
prese.rvat~.on and conservation p.u. rp. oses, and no buildings or structures of
.a. ny kind, including accessory bulldin,gs, b. ut excluding fences along the lot
hnes, shall be erected; and no swimming pools, tennis courts or like
recreational facilities shall be permitted.
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(ii) all acces, so~ buildings which are nOtbePart of the main dwelling shall be
erected m the rear yard and shall not less than 1.0 metres from any lot
line, save and except ~.at a private garage detached from the main
dwel. ling may be located m anl~ yard not less than 1.2 metres from any side
lot hne, andon the lands designated "R3-4" not less than 10 metres from
any rear lot line, and on the lands designated "R3-5' not less than 3.0
metres from any rear lot line.
(iii) de.spite the provisions of Section 5.(2)(h) above, the maximum building
height for any detached private garage shall be 3.6 metres.
(iv) despite the provisions of Sc~t.'ion 5.(2)(j) above, where the vehicular
entrance of a private garage ~s perpendicular to the front lot line, the
nearest wall of that private garage may be located not Jess than 4.5 metres
from the front lot line.
6. ~ ('S3" and"S4" Zones)
(1) ~ ("S3" and"S4" Zones)
No person shall within the lands designated "S3" and "S4" on Schedule I attached
hereto use any l.ot or erect, alter or use any building or structure for 'any purpose
except the following:
(a) detached dwelling residential use
(2) ~ ("S3" and "S4" Zones)
No person shall within the lands designated "S3' and "S4" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure except in
accordance with the following provisions:
(a) LOT AREA (minimum):
(iii) on the lands designated "S3": 350 square metres
(iv) on the lands designated "S4": 250 square metres
(b) LOT FRONTAGE (minimum):
(iii) on the lands designated "S3": 12.0 metres
(iv) on the lands designated "S4": 9.0 metres
(c) FRONT YARD DEPTH (minimum): 4.5 metres
(d) SIDE YARD WIDTH (minimum):
(i) on the lands designated 'S3":
A minimum 1.2 metres each side, or
B minimum 1.8 metres one side and no minimum other side
(ii) on the lands designated 'S4':
A minimum 1.2 metres one side, 0.6 metres other side, or
B no minimum one side so long as on the other side:
(I) at least 1.2 metres interior side.yard width is provided to the
nearest wall of a private garage, and
(fl) at ~.~st 1.8 metres interior side yard width is provided to any other
wall of the main dwelling
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(e) FLANKAGE SIDE YARD
WIDTH (minimum): 2.7 metres
(f) REAR YARD DEPTH (minimum): 7.5 metres
(g) LOT COVERAGE (maximum): 38 percent
(h) BUILDING HEIGHT (maximum): 12 metres
(i) DWELLING UNIT REQUIREMENTS: maximum one dwelling unit
per lot and minimum gross floor area-residential of 100 squ~re metres.
(j) PARKING REQUIREMENTS: minimum one para. re garage
per lot attached to the main building, any vehic.u..lar entrance of which shall be
located not less than 6.0 metres from the front lot line and not less than 6.0 metres
f.ro.m any side lot line immediately adjoining or abutting a reserve on the opposite
side of which is a street.
(k) SPECIAL REGULATIONS:
(i) on.. the lands designated "S3' the horizontal distance between buildings on
acljacent lots to which this section applies shall not be less than 1.8 metres.
(ii) on the lands desig.nated.'S4' t. be hor~.=ontai distance between buildings on
adjacent lots to which this section apphes shall not be less than 1.2 metres.
7. ~ ("SD-A" Zone)
(1) ~ ("SD-A" Zone)
No person shall within the lands designat.ed 'SD-A" on Schedule I attached hereto use
any lot or erect, alter or use any building or structure for any purpose except the
following:
(a) semi-detached dwelling.residential use
(2) ~ ("SD-A" Zone)
No person shall within the lands designated "SD-A" on Schedule I attached hereto use
any !o.t or erect, alter or use any building except in accordance with the following
provisions:
(a) LOT AREA (minimum): 225 square metres
(b) LOT FRONTAGE (minimum): 7.5 metres
(c) FRONT YARD DEPTH (minimum): 4.5 metres
(d) INTERIOR SIDE YARD WID .TI~. (minimumS: 1.2 metres except th.at no
interior side yard shall be provided on the side where dwellings o.n adjacent lots
are attached together, so long ns er.cry wall.on such side which is not part of a
.c~.mmon wall extending along the side lot line separ.ating such lots, or is not a
direct extension thereof, shat/be set back from the side lot line separating such
lots ns follows:
(i) 1.2 metres measured perpen.dicularly to such side lot line if no abutting side
yard is provided on the abutting lot, or
(ii) 0.6 metres measured perpendicularly to such side lot line if an abutting side
yard is provided on the a§utting lot
(e) FLANKAGE SIDE YARD WIDTH (minimum): 2.'/metres
(f) REAR YARD DEPTH (minimum): 7.5 metres
(g) LOT COVERAGE (maximum): 40 percent
(h) BUILDING HEIGHT (maximum): 12 metres
(i) DWELLING UNIT REQUIREMENTS: maximum one dwelling unit
per lot and minimum gross floor area-residential of 100 square metres.
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(j) PARKING REQUIREMENTS: minimum one private garage
per lot attached to the main building, any vehicular enU'..ance 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 sid. e lot line immediately adjoining or abutting a reserve on
the opposite side of which is a street,
(lc) SPECIAL REGULATIONS:
(i) the horizontal distance between buildings on adjacent lots, except where
such buildings are attached in whole or in part, shall be not less than
1.2 metres
the definition of '~)welling, Semi-Detached or
(ii) despit.e . . . . Semi-Detached
Semi-Detached
Dwelling' m Section 4.(1)(e), Dweihngs erecte.d in an
'SD-A' Zone shall be attached above grade by a common wall.which shall
not be less than 3 metres in length and not less than 2.4 metres in height.
8. ~ ("R3-5-ES" and S4-ES" Zones)
(1) ~ ("R3-5-ES" and "S4-ES" Zones)
No person shall within the lands designated "R3-5-ES" and "S4-£S" on Schedule I
attached hereto use any !ut or erect, alter or use any building or structure for any
purpose except the following:
(a) detached dwelling residential use
(b) public school use
(2) ~ ('R3-5-ES" and "S4-ES" Zones)
No person shall within the lands designated 'PO-S-E? .and "S4-ES' on Schedule I
attached hereto use any lot or erect, alter or use any building or structure for detached
dwelling residential uses. except on the.lands designated 'R3-$-ES" in accordance with
the provisions of S. ection 5. respecting 'PO-5' .Zones, and except on the lands
designated "S4-ES" m accordance with the provisions of Section 6. respecting "S4"
Zones.
9. ~ ("OS-HL" Zone)
(1) ~ ("OS-HL'. Zone)
No person shall within the lands deslgnat.e.d 'OS-IR." on Schedule I attached hereto
use ~ny lot or erect, alter .or use any building or structure f.o.r any ~ur .p~se except the
preservation and conservation of the natural environment, soil and wildlife.
(2) ~ ('OS-HL' Zone)
No buildings or structures shall be permitted t.o 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.
10. PROVISIONS ("NM' Zone)
(1) Uses Permitted ("NI~ Zone)
No person shall within the lands designated 'NP' on Schedule I attached hereto use
any lot or erect, alter or use any braiding or structure for any purpose except the
following:
(a) neighbourhood park
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By.-law 3036, as .m~.ended, is hereby further amended only to the extent necessary to give
e~ect to the provisions of this By-law as it applies.~ the area set out. in Schedule I attac]~ed
hereto. Definitions and subject matters not specifically dealt w/th m this By-law shall be
governed by the relevant provisions of By-law 30.36, as amended.
12. ~
This B.y-law shall take effect from the day of passing hereof subject to the approval of the
Ontario Municipal Board, if required.
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NP
R3-5-ES
OS-HL
S4-ES
SD-A S4
WlrST ST.
NOTE: ~ DIM~k~iON~ TO
THRCUGH SUBMtS~Oq~
SCHEDULE I TO BY-LAW ~'~-/~
AS MADE BY
ONTARIO MUNICIPAL BOARD
ORDER DATED. February '~+-h, ~99~
(O.M.B. FILE Z920046)
~1~::::~ Fo~I~::::~] '~' ']~ ~ JUN 1 4
C~ I~SUE ~ATE
JUN 0 8 1993 TOWN O~ mT;z~.;~:e Z920046
Ontario TO~ OF ~CKE~IN~
~~ ~to~ Ontario Municipal Board JUN 1 ~ 1993
Commission des affaires municipales de I'Ontario
CL~'S
Za ~ ~'~ OE Sec[~o~ 3~(~)
~he ~~ Z983
~his Board by Br~alea Limited for an
order ~ending By-law 3036,
~ended, of the Town of Picketing to
rezone the lands comprising part lot
35, Concession 1, ~rom 'R4", One
F~ily Detached ~elling Fourth
Density and 'A" Rural Agricultural to
"R3-X", One F~ily Detached ~elling
Third Density Zone, "S3', Single
Detached ~elling, "S4" Single
~tached Dwelling, "SD-A", Semi-'
Detached ~elling, 'NP" Neig~ourhood
Park, 'OS-~" Open Space - Sto~wa=er
Management Ponds to pe~it 342
Residential Units
OMB File No. Z 920046
BEFORE :
S.W. LEE Wednesday, the 24th
Member day of February, 1993
G.D. HEROUX
Member
THIS APPEAL having come on for public hearing this day and after the
hearing~
THE BOARD ORDERS that the appeal is allowed and Zoning By-law 3036
is amended as set out in Exhibit 13 attached hereto as Schedule "A".
The Municipality ;s hereby authorized to assign a By-law or other
number to this document for record keeping purposes.
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The Board's Order to approve the subdivision will issue once all
conditions have been fulfilled to the satisfaction of the Board and
the final plan submitted to the Board is verified against the
approved draft plan and forwarded for registration.
Secretary