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HomeMy WebLinkAboutBy-law 4973/97 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 4973/97 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 12, Plan 819 (Parts 1, 2 and 3, 40R-17407), in the Town of Pickering. (A 1/96) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of three detached residential dwellings on lots having minimum frontages of 15.0 metres on the lands, being Part of Lot 12, Plan 819 (Parts 1, 2 and 3, 40R- 17407), Town of Picketing; 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 Schedule I 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 12, Plan 819 (Parts 1, 2 and 3, 40R-17407), Town of Pickering, designated "R4-9 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) (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. (2) (a) "Floor Area-Residential" shall mean the area of the floor surface contained within the outside walls ora storey or part ora 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 ur block on a registered plan of subdivision; (b) "Lot Coveral~e" 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. (4) "Private Garage" shall mean an enclosed or partially enclosed structure with a minimum accessible interior dimension of 2.6 metres wide by 5.3 metres long devoted to 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 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 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; -3- (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; and 0) "Interior Side Yard" shall mean a side yard other than a flankage side yard. 5. PROVISIONS (1) (a) Uses Permitted ("R4-9" Zone) No person shall within the lands designated "R4-9" 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 ("R4-9" Zone) No person shall within the lands designated "R4-9" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except in accordance with the following provisions: (i) LOT AREA (minimum): 460 square metres (ii) LOT FRONTAGE (minimum): 15.0 metres (iii) FRONT YARD DEPTH (minimum): A for lots fronting on Fairport Road: 7.5 metres B for all other lots: 4.5 metres C despite clauses A and B above, a single storey covered and unenclosed porch or veranda with no habitable space above, may project a maximum of 1.5 metres into a required front yard. (iv) INTERIOR SIDE YARD WIDTH (minimum): 1.2 metres, except A where a detached garage is located in the rear yard, the minimum interior side yard widths shall be 3.0 metres on one side and 0.0 metres on the other side. (v) BUILDING SEPARATION (minimum): 3.0 metres (vi) FLANKAGE SIDE YARD WIDTH (minimum): A for lots flanking on Fairport Road: 4.5 metres B for all other lots: 2.7 metres (vii) REAR YARD DEPTH (minimum): 7.5 metres -4- (viii) LOT COVERAGE (maximum): A 38 percent for all buildings and structures on a lot. B despite clause A above, where a single storey covered and unenclosed porch or veranda having no habitable space above it is attached to the wall containing the main entrance to the dwelling unit, such porch or veranda shall be excluded from the calculation of lot coverage. C despite clause A above, where a one-storey detached dwelling with an attached private garage is constructed on a lot, the attached private garage shall be excluded from the calculation of lot coverage. D the total lot coverage of all accessory buildings, excluding detached private garages shall not exceed five percent. E despite clauses A and C above, where a detached private garage not exceeding 38 square metres in area is constructed in the rear yard of a lot with an area of 350 square metres or greater, such detached private garage shall be excluded from the calculation of lot coverage. (ix) BUILDiNG HEIGHT (maximum): A for a dwelling with or without an attached private garage: 9.0 metres B for all accessory buildings which are not part of the main building: 3.5 metres (x) DWELLiNG UNIT REQUIREMENTS: maximum one dwelling unit per lot and minimum gross floor area-residential of 100 square metres. (xi) PARKING AND PRIVATE GARAGE REQUIREMENTS: A minimum one private garage per lot. B a detached private garage shall be located in the rear yard or the side yard, but no part of a private detached garage shall be located in the front yard. C minimum driveway width of 5.0 metres. D despite the minimum driveway width requirement of clause C above, where a private detached garage is located entirely in the rear yard, clause C above shall not apply. E despite the front yard depth, interior side yard width and flankage side yard width requirements of this by-law, the vehicular entrance to a private garage shall be located not less than 6 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, except that for lots fronting on Fairport Road, the vehicular entrance to garages shall be located not less than 7.5 metres from the front lot line. -5- F no part of any attached private garage shall extend more than 2.0 metres beyond the wall containing the main entrance to the dwelling unit, 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. G despite the minimum rear yard depth and minimum interior side yard width requirements of this by-law, if a detached garage is located entirely within a rear yard, it may be located a minimum of 1.0 metres from any interior side lot line or rear lot line provided that the provisions of clause E above and the minimum flankage side yard width requirements of this by-law are adhered to. H the maximum building height of any detached private garage shall be 3.5 metres. (xii) ACCESSORY BUILDING LOCATION REQUIREMENTS: A all accessory buildings which are not part of the main dwelling, with the exception of a detached private garage, shall be located entirely within in the rear yard, and not less than 1.0 metre from any lot line other than a flankage lot line. B accessory structures shall adhere to the minimum flankage side yard width requirements of this by-law. C despite clauses A and B above, an accessory building not exceeding 1.8 metres in height and/or not exceeding 10.0 square metres in area may be located in the rear yard not less than 0.6 metres from any lot line. 6. 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 1 attached hereto. Definitions and subject matter not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended. 7. 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 215t DAY OF .Z~pril ,1997. READ A THIRD TIME AND PASSED THIS 215t DAY OF 3.pr±l ,1997. MAYOR CLERK BRUCE J. TAYLOR LOT 10, PLAN 819 LOT 11, PLAN 819 O R4-9 O PARTS 1, 2 & 5, 40R--17407 E~_ STROUDS LANE LOT 20, PLAN 819 SCHEDULE I TO BY-LAW PASSED THIS DAY OF, 1997 MAYOR FINCH AVENUE FINCH AVENUE PARKSlDE DRIVE TAPLIN DRIVE ROAD ~ ~-- COURT OLENANNA ROAD MILLBANK ROAD CRESCENT STREET UNA BONITA AVENUE WOODRUFF AVENUE JACQUELINE EDGEWOOD ROAD COURT SHADYBROOK SHEPPARD AVENUE Town of Pickering Planning Department ?