HomeMy WebLinkAboutBy-law 5493/99 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 5 49 3/99
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended,
to implement the Official Plan of the Town of Picketing District Planning
Area, Region of Durham in Part of Lot 28, Concession 2, in the Town of
Picketing.
(A 11/97, 18T-97006)
WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to permit
the development of detached dwellings, semi-detached dwellings, parkland, open space areas,
and the option for a stormwater management facility in Part of Lot 28, Concession 2, in the
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
Schedule I attached hereto with notations and references shown thereon is hereby
declared to be part of this By-law.
AREA RESTRICTED
The provisions of this By-law shall apply to those lands in Part of Lot 28, Concession 2,
Picketing, designated "S3", "S4-3", "SD-4", "S-SD-2", "NP", "OS-HL", "SWM-OS", and
"SWM/S3" 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.
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 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;
(d) "Dwelling, Detached or Detached Dwelling" shall mean a single dwelling
which is freestanding, separate and detached from other main buildings or
structures;
(e) "Dwelling, Semi-Detached or Semi-Detached Dwelling" shall mean one of a
pair of single dwellings, such dwellings being attached together horizontally
in whole or in part above grade, below grade, or both above and below grade;
-2-
(2)
(3)
(4)
(5)
(6)
(a)
(b)
(a)
(b)
(c)
(a)
(c)
(d)
(e)
(0
(g)
"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;
"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;
"Neighbourhood Park" shall mean a municipal public park;
"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;
"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;
"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;
"Front Yard Depth" 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;
"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 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;
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(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) "Interior Side Yard" shall mean a side yard other than a flankage side yard.
o
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 residential use;
(b) Zone Requirements CS3" 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)
(ii)
(iii)
(iv)
(v)
(vi)
LOT AREA (minimum):
LOT FRONTAGE (minimum):
FRONT YARD DEPTH (minimum):
SIDE YARD WIDTH (minimum):
350 square metres;
12.0 metres;
4.5 metres;
1.2 metres;
(vii) LOT COVERAGE (maximum):
REAR YARD DEPTH (minimum):
7.5 metres;
(ix)
38 percent;
(viii) BUILDING HEIGHT (maximum):
12.0 metres;
DWELLING UNIT REQUIREMENTS: maximum one dwelling unit
per lot and minimum gross floor area residential of 100 square metres;
(x) PARKING REQUIREMENTS:
A
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;
B
no part of any attached private garage sh~ll extend more than 2.5
metres beyond the wall containing the main entrance to the
dwelling unit, except:
where a covered and unenclosed porch or verandah extends a
minimum of 1.8 metres from the wall containing the main
entrance to the dwelling unit, no part of any attached private
garage shall extend more than 3.0 metres beyond the wall
containing the main entrance to the dwelling unit; or
FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres;
(2)
II
where a covered and unenclosed porch or verandah extends a
minimum of 2.0 metres from the wall containing the main
entrance to the dwelling unit and where second storey habitable
floor space located above the garage is set back no more than
2.5 metres beyond the vehicular entrance of an attached private
garage, no part of any attached private garage shall extend
more than 4.5 metres beyond the wall containing the main
entrance to the dwelling unit;
(xi) SPECIAL REGULATIONS:
A
notwithstanding clause 5.18(a) of By-law3036, as amended,
accessory structures shall be set back a minimum 3.0 metres from
the rear lot line of any lot abutting lands designated "OS-HL" on
Schedule I attached hereto;
B
notwithstanding clause 5.7(b) of By-law 3036, as amended,
uncovered steps and platforms exceeding 1.0 metre in height above
grade may project a maximum of 2.5 metres into the required rear
yard of each lot so long as no part thereof shall exceed 2.5 metres
in depth or 6.0 metres in width.
(a) Uses Permitted CS4-3" Zone)
No person shall within the lands designated "S4-3" 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) Zone Requirements CS4-3" Zone)
No person shall within the lands designated "S4-3" 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):
9.0 metres;
(iii) FRONT YARD DEPTH (minimum):
4.5 metres;
(iv) INTERIOR SIDE YARD WIDTH:
A 1.2 metres one side;
B 0.6 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):
48 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;
-5-
(3)
(x) PARKING REQUIREMENTS:
A
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 a street or abutting on a reserve on the opposite side of
which is a street.
B
no part of any attached private garage shall extend more than 2.5
metres beyond the wall containing the main entrance to the
dwelling unit, except
where a covered and unenclosed porch or verandah extends a
minimum of 1.8 metres from the wall containing the main
entrance to the dwelling unit, no part of any attached private
garage shall extend more than 3.0 metres beyond the wall
containing the main entrance to the dwelling unit; or
II
where a covered and unenclosed porch or verandah extends a
minimum of 2.0 metres from the wall containing the main
entrance to the dwelling unit and where second storey habitable
floor space located above the garage is set back no more than
2.5 metres beyond the vehicular entrance of an attached private
garage, no part of any attached private garage shall extend
more than 6.0 metres beyond the wall containing the main
entrance to the dwelling unit;
(xi) SPECIAL REGULATIONS:
A
notwithstanding clause 5.18(a) of By-law3036, as amended,
accessory structures shall be set back a minimum 3.0 metres from
the rear lot line of any lot abutting lands designated "OS-HL" on
Schedule I attached hereto;
B
notwithstanding clause 5.7(b) of By-law 3036, as amended,
uncovered steps and platforms exceeding 1.0 metre in height above
grade may project a maximum of 2.5 metres into the required rear
yard of each lot so long as no part thereof shall exceed 2.5 metres
in depth or 6.0 metres in width.
(a) Uses Permitted CSD-4" Zone)
No person shall within the lands designated "SD-4" 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) Zone Requirements CSD-4" Zone)
No person shall within the lands designated "SD-4" 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):
205 square metres;
(ii) LOT FRONTAGE (minimum):
9.0 metres;
(iii) FRONT YARD DEPTH (minimum):
3.0 metres;
(iv) INTERIOR SIDE YARD WIDTH:
A 1.2 metres; and
-6-
B
on the side where dwellings on adjacent lots are attached, no side
yard is required, provided any wall other than the common wall
that is on the side of the lot upon which the dwellings are attached,
or a direct extension thereof, shall be set back from the lot line
separating such lots as follows;
1.2 metres measured perpendicularly to such side lot line if
no side yard is provided on the abutting lot; or
II
0.6 metres measured perpendicularly to such side lot line if
a side yard is provided on the abutting lot;
(v) FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres;
(vi) REAR YARD DEPTH (minimum):
7.0 metres;
(vii) LOT COVERAGE (maximum):
50 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:
A
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 a street or abutting on a reserve on the opposite side of
which is a street;
B
no part of any attached private garage shall extend more than 2.5
metres beyond the wall containing the main entrance to the
dwelling unit;
(xi) SPECIAL REGULATIONS:
A
despite the definition of "Dwelling, Semi-Detached" in
clause4.(1)(e), semi-detached dwellings erected in the "SD-4"
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 6.0 metres of the horizontal
depth of the building;
B
despite clause 5.(3)(b)(iii) and 5.(3)(b)(v) above, a covered porch
may extend up to 2.0 metres into the minimum required front yard
depth and 1.7 metres into the minimum required flankage side yard
width;
C
notwithstanding clause 5.18(a) of By-law 3036, as amended,
accessory structures shall be set back a minimum 3.0 metres from
the rear lot line of any lot abutting lands designated "OS-HL" on
Schedule I attached hereto;
D
notwithstanding clause 5.70>) of By-law 3036, as amended,
uncovered steps and platforms exceeding 1.0 metre in height above
grade may project a maximum of 2.5 metres into the required rear
yard of each lot so long as no part thereof shall exceed 2.5 metres
in depth or 6.0 metres in width.
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(4)
(a) Uses Permitted ("S-SD-2" Zone)
No person shall within the lands designated "S-SD-2" 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;
(ii) semi-detached dwelling residential use;
(b) Zone Requirements CS-SD-2" Zone)
No person shall within the lands designated "S-SD-2" on Schedule I attached
hereto use any lot or erect, alter or use any building except in accordance
with the following provisions:
(i)
(ii)
(iii)
(iv)
LOT AREA (minimum):
LOT FRONTAGE (minimum):
FRONT YARD DEPTH (minimum):
INTER/OR SIDE YARD WIDTH:
A detached dwelling residential use;
I 0.3 metres one side; and
II 1.2 metres the other side;
B semi-detached dwelling residential use;
I
II
(vi) REAR YARD DEPTH (minimum):
(vii) LOT COVERAGE (maximum):
(viii) BUILDING HEIGHT (maximum):
(ix) DWELLING UNIT REQUIREMENTS:
200 square metres;
7.5 metres;
4.5 metres;
1.2 metres; and
on the side where dwellings on adjacent lots are attached,
no side yard is required, provided any wall other than the
common wall that is on the side of the lot upon which the
dwellings are attached, or a direct extension thereof, shall
be set back from the lot line separating such lots as follows;
(1) 1.2 metres measured perpendicularly to such side
lot line if no side yard is provided on the abutting
lot; or
(2) 0.6 metres measured perpendicularly to such side
lot line if a side yard is provided on the abutting lot;
FLANK SIDE YARD WIDTH (minimum): 2.7 metres;
7.5 metres;
48 percent;
12.0 metres;
maximum one dwelling unit
per lot and minimum gross floor area residential of 100 square metres;
-8-
(5)
(x) PARKING REQUIREMENTS:
A
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 a street or abutting on a reserve on the opposite side of
which is a street;
B
no part of any attached private garage shall extend more than 2.5
metres beyond the wall containing the main entrance to the
dwelling unit, except:
where a covered and unenclosed porch or verandah extends a
minimum of 1.8 metres from the wall containing the main
entrance to the dwelling unit, no part of any attached private
garage shall extend more than 3.0 metres beyond the wall
containing the main entrance to the dwelling unit; or
II
where a covered and unenclosed porch or verandah extends a
minimum of 2.0 metres from the wall containing the main
entrance to the dwelling unit and where second storey habitable
floor space located above the garage is set back no more than
2.5 metres beyond the vehicular entrance of an attached private
garage, no part of any attached private garage shall extend
more than 4.5 metres beyond the wall containing the main
entrance to the dwelling unit;
(xi) SPECIAL REGULATIONS:
A
the horizontal distance between buildings on adjacent lots, except
where such buildings are attached in whole or in part, shall not be
less than 1.2 metres;
B
despite the definition of "Dwelling, Semi-Detached" in
clause 4.(1)(e), semi-detached dwellings erected in the "S-SD-2"
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 6.0 metres;
C no more than 16 detached dwellings shall be erected on the lands
"cross-hatched" on Schedule I attached hereto;
D
notwithstanding clause 5.18(a) of By-law 3036, as amended,
accessory structures shall be set back a minimum 3.0 metres from
the rear lot line of any lot abutting lands designated "OS-HL" on
Schedule I attached hereto;
E
notwithstanding clause 5.7Co) of By-law 3036, as amended,
uncovered steps and platforms exceeding 1.0 metre in height above
grade may project a maximum of 2.5 meffes into the required rear
yard of each lot so long as no part thereof shall exceed 2.5 metres
in depth or 6.0 metres in width.
(a) Uses Permitted ("SWM/S3" Zone)
No person shall within the lands designated "SWM/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)
stormwater management, and the preservation and conservation of the
natural environment, soil and wildlife uses;
(ii) detached dwelling residential use;
-9-
(6)
(7)
(8)
(b) Zone Requirements ("SWM/S3" Zone)
(i)
with respect to the uses permitted by clause 5.(5)(a)(i), no buildings or
structures shall be permitted to be erected, nor shall the placing or
removal of fill be permitted, except where buildings or structures are
used only for purposes of flood and erosion control, resource
management, or pedestrian trail and walkway purposes;
(ii)
with respect to the uses permitted by clause 5.(5)(a)(ii), no person shall
within the lands designated "SWM/S3" on Schedule I attached hereto,
use any lot or erect, alter or use any building except in accordance with
the provisions of clause 5 .(1 )(b);
(iii)
despite the provisions of clause 5.(5)(a), while the "(H)" holding
symbol is in place, no person shall within the lands designated
"SWM/S3" on Schedule I attached hereto, use any lot or erect, alter or
use any buildings or structure for the uses identified in
clause 5.(5)(a)(ii);
(c) Removal of"(H)" Holding Symbol (H)
Prior to an amendment to remove the "(H)" holding symbol preceding "S3"
of the use designation "SWM/S3" a permanent stormwater management
facility shall be constructed on Lots 113, 114, 115, and 116, Plan 40M-1312,
and the lands on which the stormwater management facility is constructed
shall be in the ownership of the Town of Pickering.
(a) Uses Permitted ("NP" Zone)
No person shall within the lands designated "NP" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure for any
purpose except the following:
(i) neighbourhood park, and uses accessory thereto.
(a) Uses Permitted ("OS-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:
(i) preservation and conservation of the natural environment, soil and
wildlife;
(ii) resource management;
(iii) pedestrian trails and walkways;
(b) Zone Requirements ("OS-HL" Zone)
No buildings or structures shall be permitted to be erected, nor shall the
placing or removal of fill be permitted, except where buildings or structures
are used only for purposes of flood and erosion control, resource
management, or pedestrian trail and walkway purposes.
(a) Uses Permitted ("SWM-OS" Zone)
No person shall within the lands designated "SWM-OS" on Schedule I
attached hereto use any lot or erect, alter or use any building or structure for
any purpose except the following:
(i)
stormwater management, and the preservation and conservation of the
natural environment, soil and wildlife uses;
-10-
(ii) resource management;
iii) pedestrian trails and walkways;
Zone Requirements ("SWM-OS" Zone)
No buildings or structures shall be permitted to be erected, nor shall the
placing or removal of fill be permitted, except where buildings or structures
are used only for purposes of flood and erosion control, resource
management, or pedestrian trail and walkway purposes.
MODEL HOMES
Despite the provisions of Clause 6.1 of By-law 3036, a maximum of 10 Model Homes,
together with not fewer than two parking spaces per Model Home, may be constructed on
the lands set out in Schedule I attached hereto prior to division of those lands by
registration of a plan of subdivision or condominium.
For the purposes of this By-law, "Model Home" shall mean a dwelling unit used
exclusively for sales display and for marketing purposes pursuant to an agreement with
the Town of Pickering, and not used for residential purposes.
BY-LAW 5394/98
By-law 5394/98 respecting the development of model homes
Concession 2, Town of Picketing, is hereby repealed.
on Part of Lot 28,
o
BY-LAW 3036, as amended
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.
°
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.
BY-LAW read a first, second and third time and finally passed this 17 th
,1999.
day of May
Wayne Arthur% Mayor
$D-4
SD-4
OS-HL
OS-HL
v
SD-4
FINCH
SEE SECTION 5(4)(b)(x;)c
NP
OS-.HL
OS-HL-SWM
AVENUE
SCHEDULE ! TO BY-LAW
PASSED THIS~.Tth
DAY OF May 1999
5493/99
MAYOR
CLERK