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Home My WebLink AboutBy-law 6993/09 THE CORPORATION OF THE CITY OF. PICKERING BY-LAW NO. 6993/09 OMB ORDER NO.; 20090029 APR. 29, 2009 Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Road Allowance between Part of Lots 79 to 85, 110 and 111, Plan 350, in the City of Pickering (SP-2007-01 & A 13/07). WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit the development of lots for detached dwellings with minimum frontages of 14.0 metres on the subject lands, being Part of Road Allowance .between Part of Lots, 79 to 85, 110 and 111, Plan 350, City of Pickering; AND WHEREAS an amendment to By-law 2511, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE 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 of this By-law shall apply to those lands in Part of Lots 79 to 85, 110 and 111, Plan 350, in the City of Pickering, designated "S2-16" on Schedule 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. By-law No. 6993/09 (Continued) Page 2 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 a separate kitchen and sanitary facilities; (c) "Dwelling Single or Single Dwellinq" shall mean a single dwelling containing one dwelling unit and uses accessory hereto; (d) "Dwellinq Detached or Detached Dwelling 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; (3) (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; (c) "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; (4) "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; By-law No. 6993/09 (Continued) Page 3 (5) (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; (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; (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) "Faankage 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) "Faankage 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; Q) "Interior Side Yard" shall mean a side yard other than a flankage side yard. I By-law No. 6993/09 (Continued) Page 4 5. PROVISIONS (1) (a) Uses Permitted ("S2-16" Zone) No person shall within the lands designated "S2-16" on Schedule. 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 ("S2-16" Zone) No person shall within the lands designated "S2-16 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): 430 square metres; (ii) LOT FRONTAGE (minimum): 14.0 metres; (iii) FRONT YARD DEPTH (minimum): 4.5 metres; (iv) INTERIOR SIDE YARD WIDTH (minimum): 1.5 metres one side, 0.6 metres.other side; (v) FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres; (vi) REAR YARD DEPTH (minimum): 7.5 metres; A on lots dual zoned OS-HL and S2-16 a minimum rear yard depth of 7.5 metres shall. be provided from the OS-HL zone; B on lots cross hatched on schedule I attached hereto, a minimum rear yard depth of 12 metres shall be provided; (vii) BUILDING HEIGHT (maximum):, 9.5 metres; (viii) DWELLING UNIT REQUIREMENTS: maximum one dwelling unit per lot and minimum gross floor area residential of, 100 square metres; By-law No. 6993/09 (Continued) Page 5 (ix) 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; and, B maximum projection of the garage front entrance from the wall containing the main entrance to the dwelling unit shall not exceed 2.5 metres in length,, whether or not such garage has a second storey, except. where .a covered and unenclosed porch or 'veranda . extends a minimum of 1:8 metres from the wall containing the main entrance to the dwelling unit, in which case 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; : (x) SPECIAL REGULATIONS` A the horizontal distance between buildings on adjacent lots shall not be less than 2.1 metres; B notwithstanding clause 5.8(b) of By-.law 2511, as amended; for Lots 15 to 20, uncovered steps and platforms exceeding` 1:0 metre in height above grade may project a maximum of 2.5. metres in-depth into the required rear yard of a lot provided no part thereof exceeds 6.0 metres in width: 6. PROVISIONS : (1) (a) Uses Permitted ("OS-HL" Zone) No person shall, within the lands zoned "OS-HL" 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) Preservation and Conservation of the natural environment, soil and wildlife; (ii) Resource Management; By-law No. 6993/09 (Continued) Page 6 (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. :7. PROVISIONS ("(H)" Zone) (1), Uses Permitted Zone Requirements ("(H)" Zone): Until such time the "(H) Holding., Provision is lifted, no building permits shall be issued other than for one detached dwelling 'subject to the, provisions of Section 10, One Family Detached Dwelling - Fourth Density Zone "R4 of By-law 2511. (2) Removal of the "(H) Holding Symbol The ("H") Holding Symbol shall not be removed from any zone until the earlier of: (a) the date that The Regional Municipality of Durham advises that the Rosebank Sanitary Sewage Pumping Station has been rebuilt, such that the dwelling units within the subject lands will. utilize the rebuilt infrastructure, or; (b) July 1, 2010. 8. BY-LAW By-law 2511, 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 2511, as amended. 9. EFFECTIVE DATE By-law No. 6993/09 (Continued) Page 7 This By-law shall take effect from the day of approval by the Ontario Municipal Board. BY-LAW read a first, second and third time and finally passed this 21 st day of September, 2009. David Rya a Debi A. Wicox, City Clerk LOT •77 • LOT 86 e.LOT 78 0 ,�.�.�.�.�.�.�.�.�.� gs • 20.3^ 406 • LOT 84 LOT 79 �.�.�.• LOT 83 CC LOT 80 i i 25.2n X A• ten' J n j _185 E LOT 82 fX _. • LOT Q 81'� 54 2n MILTON ROAD .. .. 55.6n 0] r .43.8 _ I. . LOT L12_ (H)S2-16 (H)S2-16 I - 57.7n- --18.On—.. 46.2m LOT 112 • LOT 113 N SCHEDULE I TO BY-LAW 6993/09 I' . APPROVED BY OMB DECISION 20090029 DAY OF April 29 2009 1 • ••