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HomeMy WebLinkAboutBy-law 4963/97 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 4963/97 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Picketing District Planning Area, Region of Durham in Part of Lot 19, Concession 2, in the Town of Pickering. (A 5/95; 18T-95012) WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to permit a range of medium density dwelling types, a public walkway and open space uses on the subject lands, being Part of Lot 19, Concession 2, in the Town of Pickering; AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE I AND II Schedule I and II 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 19, Concession 2, Pickering, designated "RMM-1 ", "MD-Q 1", "02", and "OS-HL", on Schedule I 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) "Build-to-zone" shall mean an area of land in which all or part of a building or buildings is located; (2) (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, Semi-Detached or Semi-Detached Dwelling" shall mean one of a pair of single dwellings, such dwellings being attached together horizontally in whole or in part above grade, below grade, or both above and below grade; -2- (e) "Multiple Dwelling - Horizontal" shall mean a building containing three or more dwelling units attached horizontally, not vertically, by an above grade wall or walls; (f) "Multiple Dwelling - Quadruplex" shall mean a multiple dwelling containing only four dwelling units, each unit being connected to two or more other units, and generally arranged with two units adjacent to the front lot line and the other two units at the rear thereof; (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 Coverage" shall mean the percentage of lot area covered by all buildings on the lot; (c) "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; (5) "Private Garage" shall mean an enclosed or partially enclosed structure providing a parking space for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; (6) (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; (e) "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; (f) "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; (g) "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; -3- (h) "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; (k) "Interior Side Yard" shall mean a side yard other than a flankage side yard. 5. PROVISIONS (1) Uses Permitted ("RMM-1" Zone) No person shall within the lands designated "RMM-I" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following residential uses: (a) semi-detached dwelling (b) multiple dwelling - horizontal (2) Zone Requirements ("RMM-1" Zone) No person shall within the lands designated "RMM-1" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (a) LOT AREA (minimum): A semi-detached dwelling: 225 square metres B multiple dwelling - horizontal: 180 square metres (b) LOT FRONTAGE (minimum): A semi-detached dwelling: 7.5 metres B multiple dwelling - horizontal: 6.0 metres (c) FRONT YARD DEPTH (minimum): A semi-detached dwelling: 4.5 metres B multiple dwelling - horizontal: 4.5 metres (d) REAR YARD DEPTH (minimum): A semi-detached dwelling: 7.5 metres B multiple dwelling - horizontal: 7.5 metres (e) SIDE YARD WIDTH (minimum): A semi-detached dwelling: 1.2 metres B multiple dwelling - horizontal: 1.2 metres (f) INTERIOR SIDE YARD WIDTH (minimum): A semi-detached dwelling, multiple dwelling - horizontal, 1.2 metres, except (i) where dwellings on abutting lots share a common wall, no interior side yard shall be required adjacent to that wall on either lot; -4- (ii) where dwellings on abutting lots share a common wall and one of those dwellings has an extension of that common wall along the common interior side lot line, no interior side yard shall be required adjacent to the extension of that wall on the lot upon which that dwelling is located; (iii) where dwellings on abutting lots share a common wall and one of those dwellings has a wall extension, other than a common wall, that is not along the common interior side lot line: (a) a minimum 1.2-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 not provided on the other lot, or (b) a 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 not less than 0.6-metre is provided on the other lot; (g) LOT COVERAGE (maximum): A semi-detached dwelling: 38 per cent B multiple dwelling - horizontal: 38 per cent (h) BUILDING HEIGHT (maximum): A semi-detached dwelling: 12 metres B multiple dwelling - horizontal: 12 metres (i) DWELL1NG UNIT REQUIREMENTS: A semi-detached dwelling, and multiple dwelling - horizontal: (i) minimum gross floor area-residential of 100 square metres; (ii) maximum one dwelling unit per lot; (j) PARKING REQUIREMENTS: A semi-detached dwelling: there shall be provided and maintained on the lot a minimum of one private garage attached to the dwelling unit, and having a vehicular entrance which shall be located not less than 6.0 metres from the front lot line. B multiple dwelling - horizontal: there shall be provided and maintained on the lot a minimum of one private garage attached to the dwelling unit, and having a vehicular entrance which shall be located not less than 6.0 metres from the front lot line. (k) SPECIAL REGULATIONS: (i) despite the provisions of section 5.(2)(d)A above, for lots within the shaded area illustrated on Schedule I attached hereto, no building or structure shall be located closer than 10.0 metres from the boundary with the "OS-HL" zone designation within the shaded area; -5- (ii) despite the provisions of section 5.(2)(d)B above, for lots abutting Brock Road containing a build-to-zone as illustrated on Schedule II attached hereto, a minimum of 60% of the length of the build-to- zone within the lot shall contain a building or part of a building containing dwellings units; (iii) despite the provisions of section 5.(2)(d)B above, for lots abutting Brock Road containing a build-to-line as illustrated on Schedule II attached hereto, a minimum of 60% of the length of the build-to- line within the lot shall have located on it, a building or part of a building containing dwelling units; (iv) no part of any private garage shall extend more than 2.2 metres beyond the wall containing the main entrance to the dwelling unit, except where a covered and unenclosed porch or verandah 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; (v) despite the provisions of section 5.7 of By-law 3036, as amended, decks or balconies, whether covered or uncovered, shall be permitted to project a maximum of 1.5 metres into the required rear yard; (vi) despite the provisions of section 5.18 of By-law 3036, as amended, no accessory structure or building shall be permitted on lots containing a build-to-zone or build-to-line, as illustrated on Schedule I attached hereto; (vii) despite the definition of "Dwelling, Semi-Detached or Semi-Detached Dwelling" in Section 4(5)(c), semi-detached dwellings erected in a "RMM-I" zone shall be 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 75 per cent of the horizontal depth of the building. 6. PROVISIONS (1) Uses Permitted CMD-QI" Zone) No person shall within the lands designated "MD-QI" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following residential uses: (a) multiple dwelling - quadruplex (2) Zone Requirements ("MD-Q1" Zone) No person shall within the lands designated "MD-Q1" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (a) BUILDING HEIGHT (maximum): 12.0 metres (b) LOT FRONTAGE (minimum): 5.0 metres -6- (c) YARD SETBACKS (minimum): as illustrated on Schedule II attached hereto. (d) LOT COVERAGE (maximum): 38 per cent (e) DWELLING UNIT REQUIREMENTS: (i) maximum of one dwelling unit per lot; (ii) minimum gross floor area - residential of 100 square metres; and (iii)maximum of 16 dwelling units on the lands designated "MD-QI". (f) PARK1NG REQUIREMENTS: (i) there shall be provided and maintained on the lot a minimum of one private garage attached to the dwelling unit, and having a vehicular entrance which shall be located not less than 6.0 metres from the front lot line; or (ii) where no private attached garage is provided, there shall be provided and maintained on the lot two parking spaces per dwelling unit located in the front yard of the lot in a tandem arrangement, such arrangement having a maximum width of 2.7 metres and a maximum length of 12 metres. (g) SPECIAL REGULATIONS: (i) despite the provisions of section 5.18 of By-law 3036, as amended, no accessory structure or building shall be permitted; (ii) a minimum horizontal distance of 3.6 metres shall be provided between exterior walls of multiple dwellings - quadruplex. 7. 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 land for any purpose, or erect, alter or use any building or structure for any purpose except for the preservation and conservation of the natural environment, soil and wildlife. (2) Zone Requirements ("OS-HL" 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 the purposes of flood and erosion control. -7- 8. BY-LAW 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 specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. 9. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. READ A FIRST AND SECOND TIME THIS 7 th DAY OF April ,1997. READ A THIRD TIME AND PASSED THIS 7th DAY OF April ,1997. MAYOR WAYNE ARTHURS BRUCE J. TAYLOR OS-HL M.T.R.C.A. LAND SCHEDULE ! TO BY-LAW ~63/~'~ PASSED THIS ~h DAY OF April 1997 MAYOR SCHEDULE Tr TO BY-LAW 4963/97 PASSED THIS 7th DAY OF April 1997 MAYOR CLERK