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Home My WebLink AboutBy-law 5367/98THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 5367/98 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., more specifically described as Part 1, Plan 40R-18415 in the Town of Pickering. (A 18/97) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of a detached single family dwelling on the lands 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 declared to be part of this By-law. and references shown thereon is hereby AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 33, Range 3, B.F.C., Pickering, more specifically described as Part 1, Plan 40R-18415 and designated "S2" 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. 4. DEFINITIONS In this By-law, (1) "Building" shall mean a building in which is conducted the principal uses of the lot on which it is situated. In any residential zone, a building containing one or more dwelling units shall be deemed to be the main building; (2) "Building Height" shall mean the vertical distance between the established grade and in the case of a flat roof, the highest point of the roof surface or parapet wall, or in the case of a mansard roof, the deck line, or in the case of a gabled, hip or gambrel roof, the mean height level between eaves and ridge. A penthouse tower, cupola, steeple or other roof structure which is used only as an ornament upon or to house the mechanical equipment of any building shall be disregarded in calculating the height of such building; (3) (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; -2- (4) (5) (6) (7) (8) Co) "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, Detached or Detached Dwelling" shall mean a single dwelling which is freestanding, separate, and detached from other main buildings or structures; (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; "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; "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 parallel to and 7.5 metres distant from the front lot line; "Private Garage" 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; "Structure" shall mean anything installed, constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground and, without limiting the generality of the foregoing, includes a vehicle as defined in the Highway Traffic Act, but does not include an inground swimming pool; "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; (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; -3- (e) (0 (g) (i) "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; "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; "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; "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; "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; (j) "Interior Side Yard" shall mean a side yard other than a flankage side yard. PROVISIONS (1) (a) Uses Permitted ("S2" Zone) No person shall within the lands designated "S2" 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 (b) Zone Requirements ("S2" Zone) No person shall within the lands designated "S2" 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) (iii) (iv) (v) LOT FRONTAGE (minimum): FRONT YARD DEPTH (minimum): SIDE YARD WIDTH (minimum): A B FLANKAGE SIDE YARD WIDTH (minimum): 400 square metres 13.5 metres 4.5 metres minimum 1.2 metres each side; or minimum 1.8 metres one side and no minimum other side 2.7 metres -4- (vi) (vii) (viii) (ix) (xi) REAR YARD DEPTH (minimum): LOT COVERAGE (maximum): BUILDING HEIGHT (maximum): 6.0 metres 38 percent 12 metres DWELLING UNIT REQUIREMENTS: maximum one dwelling unit per lot and minimum gross floor area residential of 100 square metres. PARKING REQUIREMENTS: minimum one private garage per lot attached to the main building, any vehicular entrance of which shall be 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 on a reserve on the opposite side of which is a street. SPECIAL REGULATIONS: the horizontal distance between buildings on adjacent lots shall not be less than 1.8 metres. 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 om 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. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second, and third time and finally passed this 8thday of Sept:embeg 1998. Wayne Arthurs, Mayor Bruce Taylor, Clerk SCHEDULE I TO BY-LAW PASSED THIS 8m DAY OF September 1998 5367/98 MAYOR CLERN¢~' O ~ STOVER CRES. rY - ~--'~ H OOVE_R.. DRIVE / I f ] J -,,, I ~/~, -OX\ II I ~, STREET I-------J -~ -~[ ~~ -O ~ -,: ~ - ~~:___-o_ <, cr¢~~~~__________ _ EELS/I m~ II ~ ~r[ ~ TOYN EVALE ROAD Town of Picketing Planning Department I DATE AUG. 31/98