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HomeMy WebLinkAboutBy-law 4411/94 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 4411 /94 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 4042/92, to implement the Official Plan of the Town of Picketing District Planning Area, Region of Durham, in Part of Lot 29, Concession 1 (Part 1, Plan 40R-9979) Town of Picketing. (A 22/93; 18T-93013) WHEREAS the Council of the Corporation of the Town of Pickering passed By-law 4042/92, amending By-law 3036, to permit the development of semi-detached and multiple-horizontal residential units on the subject lands, being Part of Lot 29, Concession I (Part 1, Plan 40R-9979), in the Town of Pickering; AND WHEREAS the Council of the Corporation of the Town of Picketing now deems it desirable to further amend By-law 3036, as amended by By-law 4042/92, to permit the establishment of semi-detached dwellings and single attached dwellings on the subject lands; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. ~ Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA ~ The provisions of this By-law shall apply to those lands in Part of Lot 29, Concession 1 (Part 1, Plan 40R-9979), in the Town of Picketing, designated "SD-SA-3" on Schedule 1 attached hereto. 3. GENER3L PROVISIONS No building, structure, 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. ~ In this By-law, (1) (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 sanitary facilities; (c) "Dwelling. Single or Single Dwelling" shall mean a dwelling containing one dwelling unit and uses accessory thereto; (d) "Dwelling. Semi-Detached or Semi-Detached Dwelling" shall mean one of a pair of dwellings, such dwellings being attached together horizontally in whole or in part above grade, below grade or both above and below grade; (e) "Dwelling. Single Attached or Single Attached Dwelling" shall mean one of a group of not less than 3 adjacent dwellings attached together horizontally by an above grade common wall; -2- (2) (a) "Floor Area - Residential" shall mean the area of the floor surface contained within the outside walls of a 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 pan thereof as the case may be, other than a private garage, an attic or a cellar; (3) (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 a 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) ~.,9~;~zY..q~r. ag~ shall mean the percentage of lot area covered by all buildings on the lot; (c) ~ shall mean the width ora lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; (4) ~.~ 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; (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 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; (e) ~[~&~2falIiJ~gl~ shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line, 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 ora 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) ~ shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) "Flankage Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard ora 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; -3- (j) "Interior Side Yard" shall mean a side yard other than a flankage side yard. 5. PROVISIONS ("SD-SA-3" Zone) (1) Uses Permitted ("SD-SA-3" Zone) No person shall, within the lands designated "SD-SA-3" on Schedule I attached hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) semi-detached dwelling residential use; (b) single attached dwelling residential use; (2) Zone Rea_uircments ("SD-SA-3" Zone) No person shall, within the lands designated "SD-SA-3" on Schedule I attached hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) LOT AREA (minimum): 200 square metres (b) LOT FRONTAGE (minimum): 9.0 metres (c) FRONT YARD DEPTH (minimum): 4.0 metres (d) INTERIOR SIDE YARD WIDTH (minimum): 0.8 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 extending 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, the following shall apply: A minimum 1.6 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 side yard is not provided on the other lot or; B minimum 0.8 of a metre interior side yard shall be provided adjacent to the extension of that wall on the lot upon which that delling is located if an abutting interior side yard is provided on the other lot; (e) FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres (f) REAR YARD DEPTH (minimum): 7.0 metres (g) LOT COVERAGE (maximum): 40 percent (h) BUILDING HEIGHT(maximum): 12.0 metres (i) DWELLING UNIT REQUIREMENTS: maximum one dwelling unit per lot and minimum gross floor area - residential of 100 square metres; -4- (j) PARKING REQUIREMENT: minimum one private garage per lot, 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 or abutting a reserve on the opposite side of which is a street; (k) SPEC1AL REGULATIONS: despite the definition of "Dwelling, Semi-Detached" or "Semi-Detached Dwelling" in Section 4.(l)(d), Semi-Detached Dwellings erected in an "SD-SA-Y' 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 percent of the horizontal depth of the building. Notwithstanding any provision in By-law 3036 to the contrary, one or more Model Homes may be constructed and used on any lot within the "SD-SA-3" Zone prior to the registration of a plan of subdivision on the subject lands. For the purposes of this by-law, "Model Home" shall mean a residential dwelling unit, not occupied for residential purposes, constructed prior to the registration of the plan of subdivision creating the lot on which such Model Home is to be situated, pursuant to an agreement with the Town of Picketing. Such Model Home is to be used exclusively for sales display and marketing purposes, for a maximum period of 36 months after the date of construction, regardless of whether registration of the plan of subdivision occurs at any time during that period. (1) 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 the relevant provisions of By-law 3036, as amended; (2) By-law 4042/92 is hereby repealed. 8. FF A 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 18tth DAY OF April ,1994. READ A THIRD TIME AND PASSED THIS 18th DAY OF April ,1994. WAYNE ARTHURS TOWN OF' ~~ ~ PICKERINO APPROVED -- AS TO FORM ~ BRUCE J. TAYLOR LEGAL DEPT. ~ogO SD-SA-3 SD-SA-3 SD-SA-3 ~ SD-SA-3 PARi' 2 40R-9979 N SCHEDULE I TO BY-LAW 4411/94 PASSED THIS iSth DAY OF ^pr. 1994 CLERK - z I ~ ~ ~1 ~'~ "~.,,,~,,,,~'~ -- ~- -~ARKSIDE DRIVE ~" '~ o ~ ~ I IIIlllll' '""i h~%'~ L~ --~¢x~ _ z~i~14)~)~''t=:;:~_~ Fq II II q ~ ~gllllllllllllllll ' Z-- c ~ ~,~/,././)~ ~ LJ_LL__LL J I I q [ ['¢:1~i I I Illlll Ill ll l/II / J ~-. ~EE::'-Eq:5- ~J~"¢?~ IsueJEc rl --,_. --_ ~'%~**¢~. ,,, ,,, ~-- .--o~z~ '-~ ~1~ ~ ....... L. --~--7~--~--~--~--~--~--~--~--~--~¢~ ~.-~xx,,4..-'r ILl' STROU _=~,~, ,.,,_ ~%¢¢¢&x~r,'/~ =:~ _ - __ ~ ~ _-- --- ~kWT~ ~ FrfrfrfffCfhTrr a ~ Axx,, ~ : o I III1~ I %~[JJ~/-' la'IW-UJI~ ~.E~_- -- ' ~ -- --~ _---,~:~_= ..-: ,,~'1 _~.~ , , rm- ~ w~,... . ~ ~ ~ --_ m -- ~ ~ ~ ~ ~,,'"%~<ATZs LN. Town of Pickering Planning Department