HomeMy WebLinkAboutBy-law 4645/95 OMB FILE NO. Z940046
APPENDIX "A" TO THE ORDER OF THE
ONTARIO MUNICIPAL BOARD MADE ON THE
15TH DAY OF SEPTEMBER, 1994
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 4 6 4 5/9 5
Being a By-law to amend Restricted Area (Zoning) By-law 3036,
as amended, to implement the Official Plan of the Town of
Pickering District Planning Area, Region of Durham in Part of
Lot 32, Concession 1, in the Town of Picketing.
(A 4/86R; 18T-$6002R)
WHEREAS the Ontario Municipal Board deems it desirable to permit the development of a
range of medium density dwelling types, a neighbourhood park, stormwater management uses,
and a mixed-use block including medium density residential and commercial uses on the subject
lands, being part of Lot 32, Concession 1, in the Town of Pickerlng;
AND WHEREAS an amendment to By-law 3036, as amended, is deemed necessary by the
Ontario Municipal Board;
NOW THEREFORE THE ONTARIO MUNICIPAL BOARD ENACTS AS FOLLOWS:
Schedule I attached hereto with notations and references shown thereon is hereby
declared to be part of this By-law.
The provisions of this By-law shall apply to those lands in Part of Lot 32, Concession 1,
Pickering, designated "RMM", "RM/MU", "NP", and "OS-SWM" 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.
In this By-law,
(1) ~ shall mean an area of land in which all or part of a building
elevation of one or more buildings is located;
(2) ~ shall mean a building or part of a building in which the
managemcnt or direction of a business, a public or private agency, a brokerage or
a labour or fraternal organization is carried on and which may include a telegraph
office, a data processing establishinent, a newspaper publishing of/ice, the
premises of a real estate or insurance agent, or a radio or television broadcasting
station and related studios or theatres, but shall not include a retail store;
(3) ~D.a.v._]~.~ shall mean lands and premises duly licensed pursuant to the
provisions of the Day Nurseries Act, or any successor thereto, for use as a facility
for the daytime care of children;
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(4) ~.,~,~.-.~,~ shall mean a building or part of a building used for the
purpose o£rec¢iv'mg a~ticles, goods, or fabrics to be subjected to dry cleaning and
related processes elsewhere, and of distributing articles, good~ or fabrics which
have been subjec~t to any such processes.
(5) (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) ~ 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 sanita~ 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;
(d) "Dwelling. Sin_~le or Single Dwelling" shall mean a dwelling containing one
dwelling unit and uses accessory thereto;
(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 wvo or more other
units, and generally arranged with two units adjacent to the front lot line and
the other two uuits at the rear thereof;
(g) "Multiple Dwelling - Vertical" shall mean a building containing four or more
dwelling units attached horizontally and vertically, each unit having access
from an int¢,~al corridor system connecting with at least one coramon
entrance from outside ~he building;
(6) "' ~ "shall mean the shortest horizontal dimension of a dwelling
unit between the exterior of the side walls of the unit, except that where a side
wall is a common wall, in which case the dimension shall be from the cenlre of
that wall;
(7) "' ' ~ "shall mean a building or part of a building in which money
is deposited, kept, lent or exchanged;
(8) (a) "Floor Area-Residential" shall mean the area of the floor surface contained
within the outside walls of a storey or pa~ of a storey;
(b) "Gross Floor Area-Residential" shall mean the aggregate of the floor areas of
all storeys ora building or slructure, or part thereof as the case may be, other
than a private garage, an attic or a cellar;
(9) ~ shall mean the ratio of the total aggregate floor areas of the
specified use or uses established on a lot, to the total area of the lot;
(10) "Landscaped Open Space" shall mean space on a lot which is open and
unoccupied and is suitable for growing grass, flowers, bushes, shrubs or other
landscaping plants and includes a waterway, walk, patio or similar space but does
not include any portion ora parking aisle, parking space, ramp or driveway;
(11) (a) ~ 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 stxuctures, 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;
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(b) ~ shall mean the percentage of lot area covered by all buildings
on the lot;
(c) LLaI_F. zl;m~a~ 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;
(12) ~ shall mean a municipal public park;
(13) ~ shall mean a usable and accessible area of not less than 2.6
metres in width and not less than 5.3 metres in length for the temporary p~rking of
vehicles;
(14) "Personal Service Shop" shall mean an establishment in which a personal service
is performed and which may include a b&rber shop, a beanty salon, a shoe repair
shop, a tailor or dressmaking shop or a photographic studio, but shall not include
a body-rub parlour as defined in the Municipal Act, ILS.O. 1990, Chapter M.45,
as amended from time-to-time, or any successor thereto;
(15) "I~:~g~U~ 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;
(16) ~ shall mean a building or part of a building in which medical,
legal or other professional service is performed or consultation given, and which
may include a clinic, the offices of an architect, a chartered accountant, an
engineer, a lawyer, or a physician, but shall not include a body-rub parlour as
defined in the Municipal Act, R.S.O, Chapter MAS, as amended from time to
time, or any successor thereto;
(17) ~ shall mean a building or part of a building in which goods, wares,
merchandise, substances, articles or things are stored, kept and offered for retail
sale to the public;
(18) (a) ~ 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;
00) ~ 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) L~a~LY.I~LI~ 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) ~flnt_Y~llh~ shall mean the shortest horizontal dimension of a front
yard of a lot between the side lot lines, or between the side lot line and the
flankage of the lot;
(e) ~Re~ Y~d" 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) ~ 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 oftbe nearest
main building or structure on the lot;
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(g) ~ 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 slxucture on the lot;
(h) ~ shall mean the shortest horizontal dimension of a side
yard ora lot between the side lot line and the nearest wall of the nearest main
building or sU'ucture on the lot;
(i) ~ shall mean a side yard immediately adjoining a street
or abutting on a reserve on the opposite side of which is a street;
(j) Flanka_~e 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 abutt'mg
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;
(k) ~Z,~//IL,~,_Y2~ shall mcan a side yard other than a flankage side yard.
No person shall within the lands designated "RMM" 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
(c) multiple dwelling - quadruplex
(d) multiple dwelling - vertical
(2) ~ ("R_~LvPZone)
No person shall within the lands designated "R_MM" on Schedule I atlached 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
C multiple dwelling - quadruplex: 180 ~uare metres
D multiple dwelling - vertical: 2,500 square metres
(b) LOT FRONTAGE (minimum):
A semi-detached dwelling: 7.5 metres
B multiple dwelling o horizontal: 6 metres
C multiple dwelling - quadmplex: 24 metres for 4 units
D multiple dwelling - vertical: 30 metres
(c) FRONT YARD DEPTH (minimum):
A semi-detached dwelling: 4.5 metres
B multiple dwelling - horizontal: 4.5 metres
C ~aultiple dwelling - quadruplex: 15 metres
D multiple dwelling - vertical: 4.5 metres
(d) INTERiOR SIDE YARD WIDTH (minimum):
A semi-detached dwelling and multiple
dwelling - horizontal: 1.2 metres except that
(i) where dwellings on abutting lots share a common wall, no interior
side yard shall be required adjacent to that wall on either lot;
(ii) where dwellings on abutting lots share a common wall and one of
those dwellings has an extension oft. hat common wall that extends
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 an extension of that common wall that does
not extend 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 is
provided on the other lot;
B multiple dwelling - quadruplex: 2 me,es except that
(i) where dwellings on abutting lots share a common wall, no interior
side yard shall be required adjacent to that wall on either lot;
(ii) where the side wall of the front unit directly abuts a parking space
of the rear unit, no interior side yard shall be required for the front
unit;
C multiple dwelling - vertical: 3 metres
(e) FLANKAGE SIDE YARD WIDTH (minimum):
A dwellings having a tankage side yard abutting
Altona Road or a reserve on the opposite side
of which is Altona Road: 4.5 metres
B dwellings having a tankage side yard abutting
another street: 2.7 metres
(f) REAR YARD DEPTH (minlrmlnl):
A semi-detached dwelling: 7.5 metres
B multiple dwelling - horizontal: 7.$ me~es
C multiple dwelling - quadruplex (front units): 0 metres
D multiple dwelling - quadruplex (rear units): 4.$ metres
E multiple dwelling - vertical: 6 metres
(g) LOT COVERAGE (maximum):
A semi-detached dwelling: 40 per cent
B multiple dwelling - horizontal: 40 per cent
C multiple dwelling - quadruplex: 60 per cent
D multiple dwelling - vertical: 40 per cent
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(la) BUILDING HEIGHT (maximum):
A semi-detached dwelling: 12 metres
B multiple dwelling - horizontal: 12 metres
C multiple dwelling - quadruplex: 12 metres
D multiple dwelling - vertical: 15 metres
(i) DWELLING UNIT REQUIREMENTS:
A semi-detached dwelling:
(i) minimum gross floor area-residential of 100 square metres;
(ii) minimum unit width 6 meffes;
(iii) maximum one dwelling unit per lot;
B multiple dwelling - horizontal:
(i) minimum gross floor area-residential of 100 square meires;
(ii) minimum unit width 6 metres;
(iii) maximum one dwelling unit per lot;
C multiple dwelling - quadruplex:
(i) minimum gross floor area-residential of 100 square metres;
(ii) minimum unit width 6 metres;
(iii) maximum one dwelling unit per lot;
D multiple dwelling - vertical:
(i) a minimum gross floor area-residential of 50 square metres per
dwelling unit;
(ii) minimum unit width 6 metres;
(iii) not more ~an 20 dwelling units per lot shall be permitted;
(j) PARKING REQUIREMENTS:
A semi-detached dwelling: there shall be provid-
ed and maintained on the lot a minimum of one private garage per
dwelling unit attached to the main building and located not less than 6
metres from the front lot line and not less than 6 meffes from any side
lot line immediately adjoining a street or abutting a reserve on the
opposite side of which is a s~reet;
B multiple dwelling - horizontal: there shall be provid-
ed and maintained on the lot a minimum of one private garage per
dwelling unit attached to the main building and located not less than 6
metres from the front lot line and not less than 6 metres from any side
lot line immediately adjoining a street or abutting a reserve on the
opposite side of which is a street;
C multiple dwelling - quadruplex: either
(i) 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; or
(ii) t. here shall be provided and maintained on the lot one single private
garage attached to the dwelling unit of that same lot and located
not less than 10.6 metres from the front lot line, in which case the
minimum front yard depth requirement of section 5(2)(c)C shall
not apply;
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D multiple dwelling - vertical:
(i) there shall be provided and maintained a minimum of 1.2 parking
spaces per dwelling unit for residents, and 0.3 of a parking space
per dwelling unit for visitors;
(ii) the maximum height of any parking structure shall be g meUes;
(iii) any parking structure or part thereof which is below grade shall
comply with the provisions of (c), (d), (e), and (f) of this
subsection.
(k) SPECIAL REGULATIONS:
A semi-detached dwelling:
(i) the horizontal distance between buildings on adjacent lots, except
where such buildings are aRached in whole or in part, shall be not
less than 1.2 meues;
(ii) despite the definition of "Dwelling, Semi-Detached or
Semi-Detached Dwelling" in Section 4(5)(c), semi-detached
dwellings erected in a "R.MM" 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 ?$ per
cent of the horizontal depth of the building.
B multiple dwelling - quadruplex:
(i) no freestanding accessory structures shall be permitted;
(ii) all portions of the front yard not used for parking as required by
this By-law shall be maintained as landscaped open space;
(iii) there shall be a minimum front yard width of 2 metres;
(1) LANDSCAPED OPEN SPACE REQUIREMENT (minimum):
multiple dwelling - vertical: landscaped open
space shall be not less than 10 per cent of lot area.
6. ~ ("RM/MU" Zone)
(1) ("RM/MU" Zone)
No person shall within the lands designated "RMJMU" on Schedule I attached
hereto use any lot or erect, alter or use any building or slructure for any purpose
except the following uses:
(a) business office
(b) day nursery
(c) dry cleaning depot
(d) financial institution
(e) multiple dwelling - horizontal
(f) multiple dwelling - vertical
(g) personal servi~,e shop
(h) professional office
(i) retail store
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(2) ~ ("RM/MU" Zone)
No person shall within the lands designated "RM/MU" 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): 5,000 square melres
Co) LOT FRONTAGE (minimum): 50 metres
(c) INTERIOR SIDE YARD WIDTH (minimum):
multiple dwelling - horizontal use: 1.2 metres except that
(i) where dwellings on abutting lots share a common wall, no interior
side yard shall be required adjacent to that wall on either lot;
(ii) where dwellings on abutting lots share a common wall and one of
those dwellings has an extension of that common wall that extends
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 an extension of that common wall that does not
extend 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
Co) a minimum 0.6-metre interior side yard shall be provided
adjacent to the extension of that wall on the lot upon which that
dwellh~g is located if an abutting interior side yard is provided
on the other lot;
(d) LOT COVERAGE (maximum): 40 per cent
(e). BUILDING HEIGHT (maximum): 20 metres
(nfinimum): 8 metres
(0 BUILDING SETBACKS:
A Despite section 5.22(4) of By-law 3036 and section 6(2)(c) of this
By-law, no building, part of a building, or structure shall be erected
outside the building envelope shown on Schedule I attached hereto;
B No building or slructure shall be erected on the lands unless a
minimum of 50% of the build'mE elevation of the side of that
building or structure adjacent to Altona Road is located within the
build-to-zone shown on Schedule I attached hereto;
C For the purpose of determining the percentage of building
elevation to be located within any build-to-zone, the 'building
elevation' shall mean the linear distance measured between lines
drawn perpendicularly to thc build-to-zone at each end of a
building elevation of a building or structure;
(g) DWELLING UNIT REQUIREMENTS:
A multiple dwelling - horizontal:
(i) a minimum gross floor area-residential of 100 square
metres per dwelling unit;
(ii) minimum unit width 6 metres;
(iii) maximum one dwelling unit per lot;
B multiple dwelling - vertical:
(i) a minimum gross floor area-residential of 50 square metres
per dwelling unit;
(ii) minimum unit width 6 metres;
(ii) not less than 12 and not more than 95 dwelling units shall
(h) PARKING REQUIREMENTS (minimum):
A multiple dwelling - horizontal: there shall be provid-
ed and maintained on the lot one private garage per dwelling unit
attached to the main building and located not less than 6 me,es
bom the bont lot line and not less than 6 metres bom any side lot
line immediately adjoining a street or abutting a reserve on the
opposite side of which is a street;
B multiple dwelling - vertical:
(i) there shall be provided and maintained a minimum of 1.2
parking spaces per dwelling unit for residents, and 0.3 of a
parking space per dwelling unit for visitors;
(ii) the maximum height of any parking sU'ucture shall be 8
metres;
C There shall be provided and maintained on the lot a minimum of
4.5 parking spaces per 100 square metres of gross floor area for all
permitted uses listed in Section 6(1) of this By-law, except for
multiple dwelling - vertical, multiple dwelling - horizontal, and
day nursery uses;
D For day nursery uses there shall be provided and maintained a
minimum of 5.0 parking spaces per 100 square metres activity
room floor area;
E Section 5.21.2Co) of By-law 3036, as amended, shall not apply to
lands designated "RH/MU" on Schedule I attached hereto;
F All parking areas not located within a parking structure shall be set
back a minimum of 3 me,res from all lot lines, except where a lot
line separates the "RM/MU" zone from a "OS-SWM" zone, in
which case the parking setback may be reduced to 1.5 meues;
G Despite Section 5.21.2(g) of By-law 3036, as amended, all parking
areas shall be paved;
(i) SPECIAL REGULATION: the aggregate gross
floor area of all commercial uses shall not exceed 1,400 square metres
0) LANDSCAPED OPEN SPACE REQUIREMENT
(minimum): 10 per cent of lot area
(k) FLOOR SPACE INDEX: maximum floor space
index of 2 for all uses established on the lot
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7. ~ ("NP" Zone)
(1) ~ CNP'' Zone)
No person shall within the lands designated "NP" on Schedule I attached hereto
use any lot or erect, alter or use any building or structure for any purpose except
for a neighbourhood park and uses accessory thereto.
(2) ~ ('~IP" 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 to be used for the
purposes of a neighbourhood park.
~ COS-SWM" Zone)
(1) ~ ("0S-SWIM" Zone)
No person shall within the lands designated "0S-SWM" 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 stormwater management facilities and uses accessory
thereto.
(2) ,~lg. RgJ~:lligl~ ("OS-SWM" 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 sh'uctures are to be used for the
purposes of storrc, water management fac/l/t/es and uses accessory thereto.
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.
RMM
~' NP
t22,3m
SPARROW CIRCLE
RMM
RM/MU
CHICKADEE
RMM
OS-SWM
BUILD-TO-ZONE
(4,0rn to 8.Om)
BUILDING ENVELOPE
ZONE BOUNDARY
SCHEDULE T TO BY-LAW 4~45/95
AS MADE BY
ONTARIO MUNICIPAL BOARD
ORDER DATED. ~st~ d~¥ of se~t~]~,
(O.M.B. FILE No. Z940046)
NC/AL
PIPELINE-
C,P.R.
LfNE-
$1.1BJEC 1'
T'~wn of Pickering Planning Department
0B~' ~ FOLIO# ~ Ontario TOWN OF' PICKERtN(3
Ontario Municipal Board ~c~c,,
Commission des affaims municipales de I'Ontario
Sidney Cassel and Pearl Cassel have appealed to
the Ontario Municipal Board under subsection
34(11) of the Plannina Act, R.S.O. 1990, c.P. 13,
from Council's refusal or neglect to enact a
proposed amendment to Zoning By-law 3036, as
amended, of the Town of Pickering to rezone the
lands composed of Pa~ of Lot 32, Concession 1,
from "(A) - Rural Agricultural" to "Residential" to
implement the proposed plan of subdivision
BEFORE:
G.A. HARRON )
MEMBER )
) Thursday, the 15th day
- and - )
) of September, 1994
N.L. SMITH )
MEMBER )
THIS APPEAL having come on for public hearing and the Board having withheld its
order until this day;
THE BOARD ORDERS that the appeal is allowed in part and Zoning By-taw No.
3036 is hereby amended as set out in Appendix "A" attached hereto and forming
part of this order.
The Municipality is hereby authorized to assign a By-law or other number to this
document for record-keeping purposes.
SECRETARY