HomeMy WebLinkAboutBy-law 5464/99THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 5464/99
Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended, to
implement the Official Plan of the Town of Pickering District Planning Area, Region of
Durham, in Part of Lot 20, Concession 8, in the Town of Picketing.
(A 9/98)
WHEREAS the Council of the Corporation of the Town of Picketing passed By-law 3037, as
amended, to zone the subject lands, being Part of Lot 20, Concession 8, in the Town of
Picketing, for agricultural lands;
AND WHEREAS the Council of the Corporation of the Town of Picketing now deems it
desirable to amend By-law 3037, as amended, to permit the establishment of residential detached
dwellings, with the option for garden suites, and to recognize open space - hazard lands on the
subject lands;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. SCHEDULE I
Schedule I attached hereto with notations and references shown thereon is hereby
declared to be part of this By-law.
2. AREA RESTRICTED
The provisions ofthis By-law shall apply to those lands in Part of Lot 20, Concession 8,
in the Town of Pickering, designated "R6-3" and "OS/HL" on Schedule I attached hereto.
3. GENERAL 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. 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 kitchen, and sanitary facilities;
(c)
"Dwelling, Detached or Detached Dwelling" shall mean a single dwelling
which is freestanding, separate and detached fi:om other main buildings or
structures;
(d)
"Garden Suite - Type 1" shall mean a dwelling unit which is detached
from, but accessory to and sharing the same water and sanitary services as,
a main detached dwelling located on the same lot;
(2)
(3)
(4)
(5)
(a)
(b)
(a)
(b)
(c)
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"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 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;
"Lot Coverage" shall mean the percentage of lot area covered by all
buildings on the lot;
"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;
"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;
(a)
(b)
(c)
(d)
(e)
(f)
(g)
"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;
"From Yard" shall mean a yard extending across the full width of a lot
between the from lot line of the lot and the nearest wall of the nearest main
building or structure on the lot;
"From Yard Depth" shall mean the shortest horizontal dimension of a from
yard of a lot between the front lot line and the nearest wall of the nearest
main building or structure on the lot;
"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;
"Rear Yard Depth" 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;
"Side Yard" shall mean a yard of a lot extending from the from 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.
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PROVISIONS CR6-3" Zone)
(1) Uses Permitted CR6-3" Zone)
No person shall, within the lands designated "R6-3" on Schedule I attached
hereto, use any lot or erect, alter or use any building or structure for any purpose
except the following:
(a)
(b)
detached dwelling residential use;
garden suite - type 1
(2) Zone Requirements ("R6-3" Zone)
No person shall, within the lands designated "R6-3" 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):
0.3 of a hectare
(b) LOT FRONTAGE (minimum):
22.0 metres
(c) FRONT YARD DEPTH (minimum):
9.0 metres
(d) SIDE YARD WIDTH (minimum):
1.8 metres
(e)
FLANKAGE SIDE YARD WIDTH
(minimum):
2.7 metres
(0
REAR YARD DEPTH (minimum): 9.0 metres, except where an
"OS-HL" - Open Space Hazard Land Zone exists in a rear yard of a lot,
the minimum rear yard depth shall be 15.0 metres
(g) LOT COVERAGE (maximum):
20 percent
(h) BUILDING HEIGHT (maximum):
12.0 metres
(i)
DETACHED DWELLING UNIT
REQUIREMENTS: maximum one detached
dwelling unit per lot and minimum gross floor area residential of 100
square metres.
(j) SPECIAL REGULATIONS - GARDEN SUITES:
A
Despite Section 5.(2)(i) above, where a detached dwelling exists on
a lot, a garden suite - type 1 may be established on the same lot in
accordance with Section 5.(2)0) B below.
B
Despite the accessory building and use provisions of Section 5.18
of By-law 3037, a maximum of one Garden Suite per lot may be
permitted in the rear yard of any lot on the lands Zoned "R6-3" in
accordance with the rear yard depth, side yard width, tankage side
yard width and lot coverage provisions of this section, and subject
to the following provisions:
I Floor Area (maximum): 65 square metres
II
Ground Floor Area (maximum) 65 square metres for
any structure containing a garden suite
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III
Height (maximum): 5.0 metres, except
where a garden suite is constructed as a second floor of a
detached garage, in which case the maximum height of the
entire structure shall be 6.0 metres
IV.
Separation between Garden Suite and
Main Dwelling (minimum) 6.0 metres
(k) VEHICLE PARKING: shall be governed by
the provisions of Section 8.4 of By-law 3037
PROVISIONS ("(H)" Zone)
(1) Uses Permitted ("(H)" Zone)
Despite the provisions of Section 5. of this by-law, while the "(H)" holding
symbol is in place preceding the "R6-Y' Zone designation, no person shall within
the lands designated "(H)R6-Y' on Schedule I attached hereto, use any lot for any
purpose, other than those permitted in the "OS/HL" Zone as set out in Section 7.
of this By-law.
(2) Removal of"(H)" Holding Symbol
Prior to an amendment to remove the "(H)" holding symbol preceding the "R6-Y'
Zone designation on all or part of the lands subject of this by-law, the owner of
the land to which the "(H)" holding symbol applies shall enter into a development
agreement with, and to the satisfaction of, the Town to address all matters of
interest to the Town respecting the development of those lands for residential
purposes. This development agreement shall include, but may not necessarily be
limited to the following: all necessary road reconstruction work on Sideline 20;
conveyance of any necessary reserves and easements; detailed review, approval,
constmction, and dedication of a new road from the terminus of Acorn Lane to
Sideline 20; preparation, approval, implementation, and adherence to grading,
drainage, engineering, geotechnical, site servicing, architectural siting and design,
and noise attenuation reports; payment of park land dedication fees up to 5% of
the assessed value of the subject lands; and payment of all other necessary fees,
securities, and insurance, including all fees, securities, and insurance which would
normally be collected through a draft plan of subdivision process and subdivision
agreement.
PROVISIONS ("OS/HL" Zone)
(1) Uses Permitted COS/HL" Zone)
No person shall, within the lands designated "OS/HL" on Schedule I attached
hereto, use any lot or erect, alter or use any building or structure for any purpose
except the following:
conservation of the natural environment, soil, and wildlife; and
resource management. '
(2)
(a)
(b)
Zone Requirements COS/HL" Zone)
No buildings or structures shall be
permitted to be erected nor any existing
buildings or structures be modified or changed, nor shall the placing or removal of
fill be permitted, except where buildings or structures are used for purposes of
flood and erosion control, or resource management.
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BY-LAW 3037
By-law 3037, 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 3037, as amended.
9. EFFECTIVE DATE
Thi~ 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 8th day of March
1999.
Wayne Arthurs, Mayor
~lor, C]~k~
(H)R6-3
5
OS-HL
(H) R6-3
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LANE
SCHEDULE ! TO BY-LAW
PASSED THIS 8th
DAY OF March 1999
5464/99
CLEK~
STREET
CENTRAL STREET
CLAREMONT
LANE
Town of Pici~ering
Planning Department'
IDATE FEB. 24/99