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Home My WebLink AboutBy-law 6708/06 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6708/06 Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Part of lot 7, Concession 5 (Parts 1 and 2 Plan 40R-23455) in the City of Pickering. (A 25102) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit the development of nine country residential lots and three blocks for environmental conservation purposes on the subject lands, being Part of lot 7, Concession 5 (Parts 1 and 2, Plan 40R-23455); AND WHEREAS an amendment to By-law 3037, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOllOWS: 1. ~CHEDULE I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA RE~TRJCTED The provisions of this By-law shall apply to those lands in Part of lot 7, Concession 5 (Parts 1 and 2, Plan 40R-23455) in the City of Pickering, designated "ER-3" and "OS-Hl-EP" on Schedule I attached hereto. 3. G~NERAL 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. -2- 4. DEFINITIONS In this By-law, (1 ) "Conservation" shall mean the wise use, protection and rehabilitation of natural resources according to principles that assure their highest economic, social and environmental benefits; (2) (a) "DwellimJ" 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) "Dwellina 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) "Dwellina. Single or Single DweUina" shall mean a single dwelling containing one dwelling unit and uses accessory hereto; (d) "Dwellina, Detached or Detached Dwellina" shall mean a single dwelling which is freestanding, separate, and detached from other main buildings or structures; (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 Coveraae" shall mean the percentage of lot area covered by all buildings on the lot; (c) "Lot Frontaae" 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 Garaae" 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; -3- (6) "Resource Manaaement" shall mean the preservation, protection and improvement of the natural environment through comprehensive management and maintenance, under professional direction for both the individual and society's use, both in the present and the future, and shall also mean the management, development and cultivation of. timber resources to ensure the continuous prOduction of wood or wood products, the provision of proper environmental conditions for wildlife, the protection against floods and erosion, the protection and production of water supplies and the preservation of the recreational resource; (7) (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 DeDth" 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; (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 buiJding 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) "Flankaae 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) "Flankaqe 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; -4- (j) "Interior Side Yard" shall mean a side yard other than a ffankage side yard. 5. PROVISIONS (1) (a) Uses Permitted ("ER-3" Zone) No person shall within the lands designated "ER-3" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) single detached dwelling. (b) Zone Requirements ("ER-3" Zone) No person shall within the lands designated "ER-3" on Schedule I attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (i) LOT AREA (minimum): (ii) A LOT FRONTAGE (minimum): 0.4 of a hectare 30 metres B Notwithstanding Clause A above, on the lands cross-hatched on Schedule I to this By-law, the minimum lot frontage shall be 28 metres; (iii) FRONT YARD DEPTH (minimum): 15 metres (iv) SIDE YARD WIDTH (minimum): 7.5 metres (v) FLANKAGE SIDE YARD WIDTH (minimum): 7.5 metres (vi) REAR YARD DEPTH (minimum): 15 metres (vii) LOT COVERAGE (maximum): 20 percent (viii) BUILDING HEIGHT (maximum): 12 metres (ix) DWELLING UNIT REQUIREMENTS: minimum gross floor area residential of 140 square metres. (x) PARKING REQUIREMENTS: A minimum two parking spaces -5- B a private detached garage may be erected in a side yard or a front yard provided that such garage is located not less than 7.5 metres from any side lot line and not less than 15 metres from any front lot line. (xi) ACCESSORY STRUCTURE REQUIREMENTS: all accessory structures1 except a detached private garage, which is not part of the main building, shalt be erected in the rear yard and shall be not less than one metre from any side or rear lot line. (c) Special Regulations ("ER~3" Zone): A Despite Subsection 5.18 (c) of By-law 3037, as amended, accessory buildings may be permitted to have a maximum height of 5.0 metres. B Despite Subsection 5.(1)(b)(iv) of this By-law, where vehicular entrances to garages face a side yard, the minimum side yard on the opposite side shall be a minimum of 3.0 metres, provided that the distance between dwelling units shall be a minimum of 15.0 metres. (2) (a) Uses Permitted <"OS-HL-EP" Zone) No person shall within the lands designated "OS-HL-EP" on Schedule I attached hereto, use any lot or block, or erect, alter, or use any building or structure for any purpose except the following: (0 conservation of the natural environment, soil and wildlife; and (ii) resource management (b) Zone Requirements ("OS-HL-EP" 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 purposes of flood and erosion control, or resource management. -6- MODEL HOMES 1. Despite the provisions of Section 5.22 of By-law 3037, a maximum of two Model Homes, having a minimum of three parking spaces per Model Home, may be constructed on the lands designated "ER-3" on Schedule I. attached hereto prior to division of those lands by registration of a plan of subdivision. 2. For the purposes of this By-law, "Modet Home" shall mean a dwelling unit used exclusively for sales display and for marketing purposes pursuant to an agreement with the City of Pickering, and not used for residential purposes. 7. BY-LAW By-law 3037, 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 3037, as amended. 8. 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 3rd day of October, 2006. ~.. , LDTl0 ~ 5 SDU1H _ lDT 7 lIP _-I7elD _ 1 I lDT 21 ,.,", ! }-- \ I I ~ I- f- LDT 21 ~"":> -~ ~ C5 ~~22 ~ - .......... Lor 2.J \ <0;. .......... o'! \. <0;.", \ r <o;.\. ,'" 11 l1C1.2m 111I LOti Sl o 0::: LDT 20 LDT' ER-3 I w ~ a. -- 4llR-2lI4lI5 PMf 2 lDT7 1:!1O.Om LOr' CONCOSIOIl Ii, PI" LDT 7 .. a lIP 4llR-234llII PMf 4, II '''''11I ER-3 4ClIt-134lIO PMf 1 :::E ~W ! ~ - .. . . . ~IW. . fON~~S~I.\?L. . '1IOIIIIJ ROAD -.,. &Mfa! l' 8CIEDlI.E I TO BY4.AW 6708/06 PASSED ntl8 3rd DAY OF October 2008