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Home My WebLink AboutBy-law 6929/09 \.,t ~ ~ THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6929/09 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham, in North Part of Lot 25, Concession 2, in the City of Pickering. (A 10108) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit the development of a commercial kennel with accessory uses and to allow, a separate caretaker's residence as part of the existing building, as well as construction of a detached dwelling on the subject property in the City of Pickering; AND WHEREAS an amendment to By-law 3036, as amended, 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 are hereby declared to be part ofthis By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in North Part of Lot 25, Concession 2, in the City of Pickering, designated "A-CK1" and & "OS-HL" on Schedule I 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. \-r \-r ~ - 2 - 4. DEFINITIONS In this By-law, (1) "Business Office" shall mean a building or part of a building in which the management or direction of business, a public or private agency, a brokerage or a labour or fraternal organization is carried on and which may include a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or theatres, but shall not include a retail store; (2) "Breeder" shall mean a person who keeps animals for the purpose of breeding the offspring for sale; (3) "Commercial Kennel" shall mean a building or a part of a building which is used for the purposes of the boarding, breeding, daycare, grooming, training and a veterinary hospital for domesticated animals; dog exercise facilities; a pet shop and the retail sale of animal merchandise as an accessory use, but shall not include a business office or a retail store; (4) (a) "Dwellino" 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) "Dwellino 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) "Dwellino, Sinole or Sino Ie Dwellino" shall mean a single dwelling containing one dwelling unit and uses accessory hereto; (d) "Dwellino. Detached or Detached Dwellino" shall mean a single dwelling which is freestanding, separate, and detached from other main buildings or structures; (5) (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; (c) "Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade designed for owner or tenant occupancy or exclusive use only, but excluding storage areas below established grade; - 3 - ~ (6) (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) "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot; (7) "Pet Shop" shall mean every shop, place, or premise in which animals are sold or keptfor sale as pets but does not include a breeder; (8) "Private Garaoe" 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; (9) "Retail Store" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or things are stored, kept and offered for retail sale to the public; ~ (10) (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) "Front Yard Depth" shall mean the shortest horizontaldimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure onthe lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, br where there is no rear lot line, the junction point of the side lot Iines,and the nearest wall of the nearest main building or structure on the lot; (e) "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; . ~. (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; -4- ~ (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) "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; (i) "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 isa 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 ("A-CK1" Zone) ,-,. No person shall,. within the lands zoned "A-CK1" 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) All uses permitted in Section 7, Rural Agricultural Zone "A" of By-law 3036 (ii) Commercial Kennel (iii) Detached Dwelling Unit (b) Zone Requirements ("A-CK1" Zone) No person shall within the lands designated "A-CK1" on Schedule I attached hereto, use any lot or erect,alter, or use any building except in accordance with the following provisions: \...f (i) LOT AREA (minimum): (ii) LOT FRONTAGE (minimum): (iii) FRONT YARD DEPTH (minimum): (iv) INTERIOR SIDE YARD WIDTH (minimum): 0.8 hectares 60.0 metres 12.0 metres A 3.0 metres B All buildings shall have a minimum setback of 10.0 metres from an OS-HL Zone \.f' \..f \.f . -5- (v) REAR YARD DEPTH (minimum): 10.0 metres from an OS-HL Zone (vi) LOT COVERAGE (maximum): (vii) BUILDING HEIGHT (maximum): (viii) DWELLING UNIT REQUIREMENTS: (ix) PARKING REQUIREMENTS: A minimum of 2 parking spaces shall be provided and maintained on each lot for every 100 square metres of gross leasable floor area or part thereof for a commercial kennel establishment; 20 percent 12.0 metres maximum one B Clauses 5.21.2a) to 5.21.2e) inclusive, of By-law 3036. as amended, shall not apply to the lands designated "A- CK1" on Schedule I attached hereto; C Despite Clause 5.21.2b) of By-law 3036, side yard parking shall only be permitted no closer than 1.5 metres from any side lot line; D minimum 2 parking spaces p~r dwelling unit; - .-....~. - ::.. ... ,,-' .~-- .......,.,.~",...:Oo;." .- any vehicular entrance fora detached dwelling "d"ridlOr"a' caretaker's residence shall be locateod -not less than 6.0 metres from the front lot line; E (c) SPECIAL REGULATIONS (i) Despite Sections 5.(1)(a)(i) and 5.(1)(a)(ii), agricultural uses are not permitted in conjunction with a commercial kennel; (ii) Despite Section 5.(1 )(a)(ii), an accessory veterinary clinic associated with a commercial kennel shall not include a clinic for the care of livestock animals; (iii) The aggregate gross floor area of a commercial kennel and caretaker's residence shall not exceed 700 square metres; (iv) A caretaker's residence not exceeding a maximum gross floor area of 186 square metres shall be permitted within the building containing a commercial kennel; (v) Despite Section 5.32 of Zoning By-law 3036, an accessory dwelling unit is not permitted in conjunction with a commercial kennel and/or a caretaker's residence. ~ ~ ~, - 6 - 6. PROVISIONS (1) (a) Uses Permitted ("QS-HL" Zone) No person shall, within the lands zoned "QS-HL" 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) Preservation and Conservation of the natural environment, soil and wildlife (ii) . Resource Management (iii) Pedestrian Trails and Walkways (b) Zone Reauirements ("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. 7. BY -LAW 3036 By-law 3036, as amended, is hereby further amended only to the extent necessary to give effecfto 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. 8. 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 19th day of January, 2009. Da~'- ~~CD-( ~1~CC)c Debi A. Wifcox, City ClerK'. . '-' "-' "-' THIRD CONCESSION ROAD CON 2 N PT LOT 25. 26, 40R-20520 PART 7. 8. 9, 10, 11, 12, 13 " " " " " " " " " " " " " CON 2. NORTH PART OF LOT 25, 26 / / ./ l' N SCHEDULE I TO BY-LAW PASSED THIS 19th DAY OF January 6929/09 2009 / / / / / / / / o <( o n:: w X o