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HomeMy WebLinkAboutBy-law 6529/05THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6529/05 Being a By-law to amend Restricted Area Zoning By-law 3036, to implement the Official Plan of the City of Pickering, Region of Durham, Lot 126, Plan 1051, in the City of Pickering. (A 15/04) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit 9 single detached dwelling lots on the subject lands, being the Lot 126, Plan 1051, in the City of Pickering; AND WHEREAS an amendment to By-law 3036, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE I Schedule I attached to this By-law with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands being Lot 126, Plan 1051, in the City of Pickering, designated "(H)S3-12" on Schedule I attached to this By-law. 3. GENERALPROVISIONS 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. 4. DEFINITIONS In this By-law, (1) (a) "Dwellinq" 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) "Dwellinq, Single or Sinqle Dwellinq" shall mean a dwelling containing one dwelling unit and uses accessory thereto; (d) "Dwelling, Detached or Detached Dwellin.q" 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 of a building or structure, or part thereof as the case may be, other than a private garage, an attic or a cellar; -2- (3) (4) (5) (a) (b) (a) (b) (c) (d) (e) (f) (g) (h) (i) (J) "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 Frontaqe" 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 Garaqe" 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 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 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; "Flankaqe 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; "Flankaqe 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; "Interior Side Yard" shall mean a side yard other than a flankage side yard. -3- PROVISIONS (1) (a) Uses Permitted ("S3-12" Zone) No person shall, within the lands zoned "S3-12" on Schedule I attached to this By-law, 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 ("S3-12" Zone) No person shall within the lands designated "S3-12" 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): 300 square metres (ii) Lot Frontage (minimum): 12 metres (iii) Front Yard Depth (minimum): 4.5 metres (iv) Side Yard Width (minimum): 1.2 metres & 0.6 metres (v) Flankage Side Yard Width (minimum): 4.5 metres (vi) Rear Yard Depth (minimum): 7.0 metres (vii) Building Height (minimum): 12.0 metres (viii) Dwelling Unit Requirements: maximum one dwelling unit per lot and minimum gross floor area- residential of 100 square metres (ix) Parking Requirements: (x) Special Regulations minimum one private garage per lot attached to the main building and 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 and side lot line immediately adjoining or abutting on a reserve on the opposite side of the street. A A maximum of 9 detached dwelling units are permitted on the lands designated "S3-12" on Schedule I hereto. B Despite the provisions of Section 5.6 of By-law 3036, the requirement for frontage on a public street shall be satisfied by establishing frontage on a common element condominium street. HOLDING PROVISION - (H) HOLDING SYMBOL (1) Holdinq Provision Requirements (a) Permitted Uses While the "(H)" holding symbol is in place, no person shall, on the lands designated "(H)S3-12", use the lands for any purpose other than for One Single Detached Dwelling Unit subject to provisions of Section 9.2 of By-law 3036. -4- (b) Removal of the (H) Holding Symbol Prior to an amendment to remove the (H) Holding Symbol preceding the above zoning category "S3-12" the following condition shall be met: (i) An appropriate agreement(s) shall be executed with and to the satisfaction of the City of Pickering and/or the Region of Durham, and such agreements shall be registered on title to the lands, and the agreement shall include noise and vibration requirements for the development of buildings or structures in accordance with the provisions of subsection 5.(1) of this By-law; 7. BY-LAW 3036 By-law 3036, is hereby 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 matter not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. 8. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. BY-LAW read a first, second and third time and finally passed this June , 2005. day of Day y~___/~ayor Debi A. Bentley, Clerk / / / / / / \ \ N SCHEDULE I TO BY-LAW 6529/05 PASSED THIS 6th DAY OF June 2005 MAYOR CLERK