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HomeMy WebLinkAboutBy-law 4487/94 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 4487/94 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 30, Concession 1, in the Town of Pickering. (A 30/93,18T-93020 ) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of detached dwellings, a semi-detached unit, a walkway and a park on the subject lands, being Part of Lot 30, Concession 1, Town of Picketing; 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 part of this By-law. The provisions of this By-law shall apply to those lands in Part of Lot 30, Concession 1, Picketing, designated "SI-E", "S2-E", "S4", "SD-A" and "NP" on Schedule I attached hereto. 3. GENERAL PRO¥1SIONS 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) ~ 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 D~tached 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) "L_o.I_C. da_v..e, lag~ shall mean the pementage of lot area covered by all buildings on the lot; (c) }2.,9..[_F_lg. atag~ 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 a municipal public park; (5) "~ shall mean an enclosed or partially enclosed structure lbr the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; (6) (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 and the nearest wall of the nearest main building or structure on the lot; (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; (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, and (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) ~ 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) LElill~ig~:~ 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; 0) ~ shall mean a side yard other than a flankage side yard. (1) (a) Uses Permitted ("S 1-E" Zone) No person shall within the lands designated "S 1 ~E" 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) ~ ("SI-E "Zone) No person shall within the lands designated "SI-E" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (i) LOTAREA (minimum): 350 square metres (ii) LOT FRONTAGE (minimum): 12 metres (iii)FRONT YARD DEPTH (minimum): 4.5 metres (iv) SIDE YARD WIDTH (minimum): A minimum 1.2 metres each side, or B minimum 1.8 metres one side and no minimum 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 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 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. -4- (xi) SPECIAL REGULATIONS: (1) the horizontal distance between buildings on adjacent lots to which the section applies shall not be less than 1.2 metres. (11) for lots fronting Rosebank Road the maximum projection of the vehicular entrance to any garage from the main front wall of the dwelling to which it is attached shall be 3.0 metres. (2) (a) Uses Permitted ("S2-E" Zone) No person shall within the lands designated "S2-E" 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) Z~ag~alfiI:~m~ ("S2-E" Zone) No person shall within the lands designated "S2-E" 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): 300 square metres (ii) LOT FRONTAGE (minimum): 10 metres (iii)FRONT YARD DEPTH (minimum): 4.5 metros (iv) INTERIOR SIDE YARD WIDTH: A minimum 1.2 metres one side, 0.6 of a metre other side, or B no minimum one side so long as on the other side, (I) at least 1.2 metres interior side yard width is provided to the nearest wall of a private garage, and (II) at least 1.8 metres interior side yard width is provided to any other wall of the main dwelling. (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 metres (ix) DWELLING UNIT 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. (xi) SPECIAL REGULATIONS: the horizontal distance between buildings on adjacent lots to which the section applies shall not be less than 1.2 metres. -5- (3) (a) Uses P~rmitted ("S4" Zone) No person shall within the lands designated "S4" on Schedule ] 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) ~ ('S4' Zone) No person shall within the lands designated "S4" 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): 250 square metres (ii) LOT FRONTAGE (minimum): 9 metres (iii)FRONT YARD DEPTH (minimum): 4.5 metres (iv) SIDE YARD WIDTH (minimum): A for lots abutting Finch Avenue or a reserve on the opposite side of which is Finch Avenue, minimum 4.5 metres B for all other lots minimum 1.2 metres one side and 0.6 of a metre other side, or no minimum one side so long as on the other side, (1) at least 1.2 metres interior side yard width is provided to the nearest wall of a private garage, and (Il) at least 1.8 metres interior side yard width is provided to any other wall of the main dwelling. (v) FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres (vi) REAR YARD DEPTH (minimum): 7.5 metres (vii) LOT COVERAGE (maximum): 40 percent (viii) BUlLDING HEIGHT (maximum): 12 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 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. (xi) SPECIAL REGULATIONS: the horizontal distance between buildings on adjacent lots to which the section applies shall not be less than 1.2 metres. -6- (xii) EXEMPTION: A despite Section 5(3)(b)(vi) of this By-law and Section 5.7(b) of By-Law 3036, uncovered steps and platforms exceeding 1.0 metre in height above grade may project a maximum of 2.5 metres into a required rear yard on those lands cross hatched on Schedule I attached hereto as long as no part thereof exceeds 2.5 metres in depth or 6.0 metres in width. (4) (a) Uses Permitted ("SD-A" Zone) No person shall within the lands designated "SD-A" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) semi-detached dwelling residential use (b) .~ ("SD-A" Zone) No person shall within the lands designated "SD-A" 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): 225 square metres (ii) LOT FRONTAGE (minimum): 7.5 metres (iii)FRONT YARD DEPTH (minimum): 4.5 metres (iv) INTERIOR SIDE YARD WIDTH: 1.2 metres except that no interior side yard shall be provided on the side where dwellings are attached together, so long as every common wall extending along the side lot line separating such lots, or that is not a direct extension thereof, shall be set back from the side lot line as follows: A 1.2 metres measured perpendicularly to such side lot line if no abutting side yard is provided on the abutting lot, or B 0.6 of a metre measured perpendicularly to such side lot line if an abutting side yard is provided on the abutting lot. (v) FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres (vi) REAR YARD DEPTH (minimum): 7.5 metres (vii) LOT COVERAGE (maximum): 40 percent (viii) BUILDING HEIGHT (maximum): 12 metres (ix) DWELLING UNIT 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. -7- (xi) SPECIAL REGULATION: A the horizontal distance between buildings on adjacent lots, except where such buildings are attached in whole or in part, shall be not less than 1.2 metres B despite the definition of "Dwelling, Semi-Detached or Semi-Detached Dwelling" in Section 4.(1)(e), Semi-Detached Dwellings erected in an "SD-A" zone shall be attached above grade by a private garage common wall which shall be not less than 3 metres in length and not less than 2.4 metres in height. Notwithstanding any provision in By-law 3036 to the contrary, one or more Model Home may be constructed and used within the "S 1-E", "S2-E", "S4" or "SD-A" 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 Pickering. 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. Zoning 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 19~h DA ~ OF September ,199~ READ A THIRD TIME AND PASSED THIS 19th DAYOF Septe~ser ,199{e' WAYNE ARTHURS r,,., ._,c, /;,.: ~.:". ,:3 AS T'3  ~CLERK ~ ~ BRUCE J. TAYLOR LET'AL DEl '~'°~ SD-A NP S4 S4 ~x5~ ~ ~ S1-E S1-E ~voX ~ SCHEDULE 1' TO BY-LAW 4487/94 PASSED THIS 19th DAY OF SEPTEMBER 1994 ROAD SPRINCVIEW DRIVE CRESCCNT CHIRON COURT CHARNWOOO Town of Pickering Planning Department ? AFFIDAVIT OF CLERK The Planning Act I, Bruce Taylor of the Town of Picketing in the Regional Municipality of Durham, Clerk of the Corporation of the Town of Picketing make oath and say: 1. The Notice for By-law 4487/94 (A 30/93) of the Corporation of the Town of Picketing passed by the Council of the Corporation on the 19th day of September, 1994 was given pursuant to Section 34.17 of the Planning Act, 1983. 2. The last day for filing with the Clerk a notice of appeal setting out an objection to the by- law expired on the 18th day of October, 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. Sworn before me at the ) Town of Picketing in the ) ./,; ..~ Regional Municipality of ) Durham this 31st day of ) October, 1994 )) ) ./~ ."~,,o ) Bruce Taylor EhzaOeth lhomas, a Commissioner.) Town Clerk etc., Regional Mumopal~ty of Durham, for the Coroorat~on of the lown of ) P~k~~,~.~S · Finchrose Development Corporation Attention: Ronald J. Fisico 20 Wertheim Court #1 Richmond Hill, Ontario L4B 3A8 · Templeton, Lepek Consultants Attention: Helen Lepek 9030 Leslie Street, Suite 227 Richmond Hill, Ontario LAB 1G2 · N. Carroll Director of Planning · IVlr. C.M.T. Sheffield Town Solicitor · Mr. Alex Georgieff, Commissioner of Planning Region of Durham