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HomeMy WebLinkAboutBy-law 6992/09 i THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6992/09 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering Planning Area, Region of Durham in the former Dunbarton Village. (A12/08) WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to regularize the zoning of the former Dunbarton Village; 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 l attached hereto 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 in Part of Lot 25, Concession 1; Pickering designated "C2-DB "S2=DB", "S3-8" "R3-DN" and "OS-HL",'on Schedule I attached here to, 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. 4. DEFINITIONS In this By-law, (1) "Bed and Breakfast Establishment" shall mean an establishment that provides sleeping accommodation (including breakfast and other meals, services, facilities and amenities for the exclusive use of guests) for the traveling or vacationing public in, up to two guest rooms which is operated from a detached dwelling on the lot, or a building or structure accessory to the detached dwelling which is managed, directed or conducted by one or more of the occupants of the detached dwelling on the lot. i I - -2- (2) "Business Office" shall mean a building or part of a building in which the management or direction of a business, a public or private. agency, a brokerage or a labour or fraternal organization is carried on and which may include, a data processing establishment, the premises of a real estate or insurance agent, but shall not include a retail store, or a contractors yard; (3) Contractors Yard shall mean the yard of any general contractor, builder or landscaper where equipment and material are stored or where a general contractor, builder or landscaper performs shop or assembly work or assembles material for offsite work; (4) Domestic Business - Type C shall mean an antique store, an arts and crafts shop, a book store, a business office, a clothing boutique, professional office-non medical, or a tea room, and shall not include a contractors yard, and which is: (a) operated from a detached dwelling on the lot, or a building or' structure accessory to the detached dwelling on the lot; (b) managed, directed or conducted by one ,or more of the occupants of the detached dwelling on'the lot; (5) (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 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; (6) (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; I I 3- (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, (7) (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 a group of buildings, as the case maybe, 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 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; (8) "Professional Office-- Non-Medical" shall mean a building or part of a building in which legal or other professional service is performed or consultation given, and which may include the offices of an architect, a chartered accountant, an engineer, or a lawyer, but shall. not include the office of a physician or a body-rub parlour as defined by the Municipal Act, R.S.O. 1990, c.M. 45, as amended from time-to-time, or any successor thereto; (9) (a) "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; (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 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; (d) "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, -4- (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 function 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; (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) 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; (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. 5. PROVISIONS ("S2-DB" Zone) (1) (a) Uses Permitted ("S2-DB" Zone) No person shall, within the lands zoned "S2-DB" 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 (ii) semi detached dwelling residential use (iii) Domestic Business - Type C (iv) Bed and Breakfast Establishment (b) Zone Requirements ("K2 DB " Zone) No person shall within the lands designated "S2-DB" on Schedule attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: -5- LOT AREA (minimum): A for detached dwellings: 350 square metres B for semi-detached dwellings: 175 square metres (ii) LOT FRONTAGE (minimum): A for detached dwellings: 12.0 -metres B for semi detached dwellings: .6.0 metres (iii) FRONT YARD DEPTH: minimum) 3.0 metres ( (maximum) 6.0. metres (iv) REAR YARD DEPTH (minimum): 7.5 metres (v) SIDE YARD WIDTH (minimum): A for detached dwellings 1.2 metres on one side and 0.6 metres on the other side B for semi detached dwellings minimum 0.6 metres except that, (i) where dwellings are on abutting lots share a common wall, no interior side yard shall be required adjacent to that wall on either lot (ii) where dwellings on abutting lots share a common wall and one of those dwellings has an extension of that common wall that extends along the common interior side lot line, no interior side yard shall be required adjacent to the extension of that. wall upon which that dwelling is, located; or (iii) where dwellings on abutting lots share a common wall and one of those dwellings has an extension of that common wall that does not extend along, the common interior side lot line, the following shall apply: -6- minimum 0.6 metre interior side yard shall be provided adjacent to the extension of that wall on the lot upon which that dwelling is located if an abutting interior side yard is provided on the other lot. (vi) FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres (vii) BUILDING HEIGHT (maximum): 9.0 metres. (viii) LOT COVERAGE (maximum): 40 percent for all buildings and structures (ix) PARKING REQUIREMENTS: A one additional parking space if a Domestic Business - Type C is operation from the.lot, which space shall be located within the rear yard or side yard; B one parking space for each guest room associated with a Bed and Breakfast Establishment; (x) SPECIAL REGULATIONS: A despite the provisions of this by-law, any lot in the S2-DB zone, which existed on the date of passing of this by-law, and has insufficient lot area, parking, lot frontage, front, rear or side yards, or exceeds the permitted lot coverage or building height, shall be deemed to comply with this by-law. Nothing in this bylaw shall prevent the erection of an addition to any such dwelling, provided the addition conforms to the provisions of this by-law. B A Domestic Business Type C; shall only be located on the ground floor of the.dwelling or any accessory building or structure on the lot; shall not exceed 90 square metres gross leasable floor area and shall be limited to only one Domestic Business - Type C use at any given time on a property and if a Domestic Business - Type C use is operating, a home base business is prohibited on the property. C a contractors yard is a prohibited use on any lot within the "S2-DB" zone; 1 -7- (xi) Uncovered steps and platform projection into rear yard (maximum): 1.5 metres for any uncovered steps and platform not exceeding 2.0 metres in height; (xii) OPEN STORAGE: All uses, other than parking, shall take place entirely within enclosed buildings or structures with no outside storage or display. 6. PROVISIONS (°C2-DB" Zone) (1) (a) Uses Permitted ("C2-DB" Zone) No person shall, within the lands.zoned °C2-D B" on Schedule attached to this By-law, use any lot.or erect, alter or use any building or structure for any purpose except the following: (i) antique store; (ii) arts and crafts shop; (iii) book store; (iv) business office; (v) clothing boutique; (vi). professional office-nonmedical; (vii) tea room; (viii) Bed and Breakfast Establishment; (b) Zone Requirements ("C2-DB" Zone) No person shall within the lands designated "C2-DB" on Schedule attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (i) LOT AREA (minimum): 350 square metres (ii) LOT FRONTAGE (minimum): 12.0 metres (iii) FRONT YARD DEPTH (minimum): 3.0 metres (iv) REAR YARD DEPTH (minimum): 7.5 metres . (v) SIDE YARD WIDTH -8- (minimum): 1.2 metres, on one side, and 0.6 metres on the other side .(vi) FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres (vii) BUILDING HEIGHT (maximum): 9.0 metres (viii) SPECIAL REGULATIONS: A despite the provisions of this by-law, any lot in the, "C2-DB" zone, which existed on the date of passing of . this by-law, and has insufficient lot area, parking, lot frontage, front, rear or side-yards, or exceeds the permitted lot coverage or building height, shall be deemed to comply with this by-law. Nothing in this bylaw. shall prevent'the erection of an addition to any such dwelling, provided the addition. conforms to the provisions of this by-law; B a contractors yard is a prohibited use on any lot within the "C2-DB" zone; (ix) PARKING REQUIREMENTS: A one parking space for each guest room associated with a Bed and Breakfast Establishment; B there shall be provided on the lot a minimum of 4 parking spaces at all times, associated with all other uses within the "C2-DB" zone; (x) OPEN STORAGE: All uses, other than parking, shall take place entirely within enclosed buildings or structures with no outside storage or display. (x) EXCEPTION Despite the uses permitted within' Section 6.(1) (a) of this By-law,.a maximum of four dwelling units may be permitted within a building or structure located within the "C2-DB" zone i -9- PROVISIONS ("S3-8" Zone) Lands known as 1062 Dunbarton Road shall be zoned "S3-8" as shown on Schedule I attached hereto and shall be subject to all of the provisions of that zone, as set out in By-law 3036, as amended by By-law 5342/98. 8. PROVISIONS ('`R3-DN". Zone) The lands designated "R3-DN" on Schedule I attached hereto may be used for the purposes of one day nursery, in addition to the uses permitted within Section 9.1 of By-law 3036. 9. PROVISIONS ("OS-HL" Zone.) (1) 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: (a) preservation and conservation of the natural environment, soil and wildlife; (b) resource management; (c) pedestrian trails and walkways; (2) Zone Requirements ("OS-HL" Zone) (a) 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. 10. REPEAL OF BY-LAWS Upon this By-law being in force and effect, the following By-laws are hereby repealed: By-law 6535/05 and By-law 1098/80 11 BY-LAW 3036 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 -10- specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. 12. 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 19th day of October, 2009. Dave Ryan ay Debi A. Wilcox, Clerk z w Q OPp P~O~,~-00 ' z 0 C0 z G Opp S3-8 rb ' OPp ~~0P~~0 OPO p Q- o _ B G fir? yG~ Ode OS-H L C.N.R. N SCHEDULE I TO BY-LAW 6992/09 PASSED THIS 1 9th DAY OF October 2009