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Home My WebLink AboutBy-law 5365/98THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 5365/98 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 33, Range 3, B.F.C., in the Town of Pickering. (A 59/89 (R), 18T-89117 (R)) WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to permit the development of detached residential dwellings on lots having minimum frontages of 12.0 metres and 13.5 metres, on the lands being Part of Lot 33, Range 3, B.F.C., 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: SCHEDULE I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 33, Range 3, B.F.C., Town of Pickering, designated "S2-10" and "S3-9" on Schedule I attached hereto. 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. 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 stmctures. (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; (3) (4) (5) (6) -2- (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; (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. "Neighbourhood Park" shall mean a municipal public park. "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. (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; (i) -3- 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 (j) "Interior Side Yard" shall mean a side yard other than a flankage side yard. PROVISIONS (1) (a) Uses Permitted ("S2-10" and S3-9" Zones) No person shall within the lands designated "S2-10 and "S3-9" 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 ("S2-10" and "S3-9" Zone) No person shall within the lands designated "S2-10" and "S3-9" 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): A on the lands designated "S2-10" B on the lands designated "S3-9" (ii) LOT FRONTAGE (minimum): A on the lands designated "S2-10" B on the lands designated "S3-9" (iii) FRONT YARD DEPTH (minimum): 400 square metres 350 square metres 13.5 metres 12.0 metres 4.5 metres (iv) (v) (vi) (vii) (viii) INTER/OR SIDE YARD WIDTH (minimum): A 1.2 metres each side, or B 1.8 metres on one side and no minimum on the other side BUILDING SEPARATION (minimum): 1.8 metres FLANKAGE SIDE YARD WIDTH (minimum): A for lots flanking on Altona Road: 4.5 metres B for all other lots: 2.7 metres REAR YARD DEPTH (minimum): 7.5 metres LOT COVERAGE (maximum): A 38 percent for all buildings and structures on a lot. -4- B 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. C despite clause A above, where a single storey covered and unenclosed verandah or porch having no habitable space above it is attached to the front or tankage side of a dwelling unit, such porch shall be excluded from the calculation of lot coverage. (ix) BUILDING HEIGHT (maximum): 9.0 metres 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 attached to the main building, any vehicular entrance 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 side lot line immediately adjoining a street or abutting on a reserve on the opposite side of which is a street. B minimum driveway width of 5.0 metres. (xii) MODEL HOMES: A despite the provisions of Section 6.1 of By-law 3036, a maximum of 10 Model Homes, together with not fewer than two parking spaces per Model Home, may be constructed on the lands set out in Schedule I attached hereto prior to division of those lands by registration of a plan of subdivision. B for the purposes of this By-law, "Model Home" shall mean a dwelling unit used exclusively for sales display and for marketing purposes pursuant to an agreement with the Town of Pickering, and not used for residential purposes. (xiii) SPECIAL REGULATIONS A despite Sections 5.(1)(b)(iii) and 5.(1)(b)(vi) of this By-law, pertaining to front yard depth and tankage side yard width, where a single storey covered and unenclosed verandah or porch having no habitable space above it is attached to the front or flankage side of a dwelling unit, such porch may extend a maximum of 1.5 metres into the required minimum front yard depth or tankage side yard width. B despite the provisions of Section 5.(1)(b)(vi) of this By-law, on the lands cross-hatched on Schedule I attached hereto, the minimum tankage side yard width shall be 0.3 ora metre. C D -5- on the lands cross-hatched on Schedule I attached hereto, Section 5.(1)(b)(xi) of this By-law pertaining to parking and private garage requirements, and Sections 5.18(a) and 5.18(b), of By-law 3036, as amended, pertaining to accessory building locations shall not apply. despite clauses B and C above, where a detached dwelling or any part or extension thereof is constructed after September 30, 1998, on the lands cross-hatched on Schedule I attached hereto, the minimum flankage side yard width shall be 2.7 metres, and Section 5.(1)Co)(xi) of this By-law, and Sections 5.18(a) and 5.18Co) of By-law 3036, as amended, shall apply. e e 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. 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. BY-law read a first, second, and third time and finally passed this 4th day of August , 1998. Wayne Arthurs, Mayor 0 ' 'ThOmas~J.. Quinn, Act~~erk I , I I I / / / ? I I I I I I _ _/_ L I _ 1_ _/_ L_ _ Richardson St. T -- l- --1 -- T- -F -- 1- -- I I I I S3-9 E S2-10 229.9m Littleford Street S2-1 33.5m 107.1m L 1 I I _ _L_ _L_ 1_ _ l-l-m J I I I I ~ Stover Cres. N SCHEDULE ! TO BY-LAW 5365/98 PASSED THIS 4th DAY OF August 1998 MAYOR ACTING WESTCREEK STREET STREET WATERFORD LAWSON WATERFORD STREET GATE C.N.R. 'FWYN RIVERS DRIVE C.N,R. SHEPPARD AVENUE CRESCENT RICHARDSON LITrLEFORD zz STOVER CRES. DRIVE STREET DRIVE GATE ROUGEMOUNT DRIVE Town of Pickering ~0'~ Planning Dopartmont