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HomeMy WebLinkAboutBy-law 4427/94 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 4427/94 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 12, Plan 282, in the Town of Pickering. (A 27/93) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of two lots with minimum frontages of 12.0 metres; 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 ! 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 12, Plan 282, Pickering, designated "SY' on Schedule I attached hereto. 3. GENERAL PROVISIONS No building, land or pan 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) (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) 'Dwellin_e 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; -2- (d) "Dwelling. Detached or l)¢lilched 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 of a storey or part of a storey; (b) "Gross Floor Area-Residential" shall mean the aggregate of the floor areas of all storeys ora 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 or block on a registered plan of subdivision; (b) "ko.l_C,_Qy..¢rag~ shall mean the percentage of lot area covered by all buildings on the lot; (c) 2L,9.i_Fa2olltag~ 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; (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) ~ 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) 2t~az~azll~g~ 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; (0 "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; -3- (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) "Flanka_ee 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. 5. PROVISIONS (1) (a) Uses Permitted ("S3" Zone) No person shall within the lands designated "S3" 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 use. (b) Zone Requirements ("S3" Zone) No person shall within the lands designated "S3" on Schedule 1 attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (i) LOT AREA (minimum): 350 square metres (ii) LOT FRONTAGE (minimum): 12.0 metres (iii)FRONT YARD DEPTH (minimum): 4.5 metres (iv) SIDE YARD WIDTH (minimum): A minimum 1.2 metres each side, or B no minimum one side and 1.8 metres the other side; (v) FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres (vi) REAR YARD DEPTH (minimum): 7.5 metres (vii) LOT COVERAGE (maximum): 38 percent (viii) BUILDING HEIGHT (maximum): 12.0 metres (ix) DWELLING UNIT REQUIREMENTS: maximum one dwelling unit per lot and minimum gross floor area residential of 100 square metres; (x) PARKING REQUIREMENTS: minimum one private garage per lot attached to the main building, any vehicular entrance of which shall be located not less than 6.0 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; -4- (xi) SPECIAL REGULATIONS: the horizontal distance between buildings on adjacent lots to which this section applies shall not be less than 1.2 metres. 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 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. 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 16th DAY OF May ,1994. READ A THlRD TIME AND PASSED THIS 16th DAY OF May ,1994. WAYNF~ART~8/~~'Td~ MAYOR BRUCE J. TAYLOR CLERK \ PART 0£ LOT 12 \ PLAN RS~ 0 \ \ \ \ $3 SCHEDULE I TO BY-LAW 4427/94 PASSED THIS 16th DAY OF MAY1994 CLERK THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 4427/94 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 Pan of Lot 12, Plan 282, in the Town of Pickering. (A 27/93) WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to permit the development of two lots with minimum frontages of 12.0 metres; 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 attached hereto with notations and references shown thereon is hereby declared to be pan of this By-law. The provisions of this By-law shall apply to those lands in Pan of Lot 12, Plan 282, Pickering, designated "S3" on Schedule [ 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) (a) L~)__w_e3ha~ 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 single dwelling containing one dwelling unit and uses accessory hereto; -2- (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 of a 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 ora 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) "].,~l_C..o.x.e,.Lag~ shall mean the percentage of lot area covered by all buildings on the lot; (c) 2J.,gJ_F_zo. lllag~ 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; (4) ".P_fi_y_alR_Q~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) ~ 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) ~ 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; (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) 2.~ 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 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) ~ shall mean a side yard other than a flankage side yard. (1) (a) Uses Permitted ("S3" Zone) No person shall within the lands designated "S3" 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 use. (b) ~ ("S3" Zone) No person shall within the lands designated "S3" 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): 350 square metres (ii) LOT FRONTAGE (minimum): 12.0 metres (iii)FRONT YARD DEPTH (minimum): 4.5 metres (iv) SIDE YARD WIDTH (minimum): A minimum 1.2 metres each side, or B no minimum one side and 1.8 metres the other side; (v) FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres (vi) REAR YARD DEPTH (minimum): 7.5 metres (vii) LOT COVERAGE (maximum): 38 percent (viii) BUILDING HEIGHT (maximum): 12.0 metres (ix) DWELLING UNIT REQUIREMENTS: maximum one dwelling unit per lot and minimum gross floor area residential of 100 square metres; (x) PARKING REQUIREMENTS: minimum one private garage per lot attached to the main building, any vehicular entrance of which shall be located not less than 6.0 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; -4- (xi) SPECIAL REGULATIONS: the horizontal distance between buildings on adjacent lots to which this section applies shall not be less than 1.2 metres. 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. 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 16th DAY OF May ,1994. READ A THIRD TIME AND PASSED THIS 16~h DAY OF May ,1994. WAYNFz/ART~i~U~S MAYOR BRUCE J. TAYLOR CLERK TOWN OF ,~..,'-"~'. :' ~ SCHEDULE I TO BY-LAW 4427/94 PASSED THIS 16~:h DAY OF MAY1994 CLERK AFFIDAVIT OF CLERK The Planning Act I, Bruce Taylor o£ the Town of Picketing in the Regional Municipality o£ Durham, Town Clerk o£ the Corporation o£the Town o£Pickering make oath and say: I. The Notice £or By-law 4427/94 (A 27/93) o£ the Corporation of the Town of' Picketing, passed by the Council of the Corporation on the 16th day of May, 1994 was given pursuant to Section 34.17 of the Planning Act, 1983. 2. The last day for filing with the Clerk a notice o£appe~l set out an objection to the by-law expired on the 10th day of June, 1994. 3. To this date, no notice of appeal setting out an objection to the by-law has been filed by any person in the office of the Clerk. Town of Picketing in the ) Regional Municipality of ) Durham this 13th day of ) June, 1994 ) /~ ao ) Bruce Taylor, Town Clerk Ehzabeth ~ hom~$, a CommL~oneL ) e~<: Regional Mun~ctpality of Durham, ) P,ckermg E~p~¢e$ Se~t ~, I995 ) A Commissioner, etc. · 668390 Ontario Limited 1029 McNicoll Avenue Scarborough, Ontario MIW 3W6 · N. Carroll Director of Planning · Mr. C.M.T. Sheffield Town Solicitor · Dr. Mofeed Michael Commissioner of Planning Region of Durham