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Home My WebLink AboutPD-13-83 CORPORATION OF THE TOWN OF NEWCASTLE .PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB UO TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JANUARY 17, 1983 REPORT NO. : PD-13-83 SUBJECT: BY-LAW NUMBER 111 -82: THE CORPORATION OF THE CITY OF OSHAWA RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-13-83 be received; and 2. That By-law 111-82 of the City of Oshawa be received and filed. BACKGROUND AND COMMENTS: By-law Number 111-82 of the City of Oshawa was forwarded to the Planning and Development Department on December 23, 1982. The subject By-law amends various Restricted Area (Zoning) By-laws under the jurisdiction of the City of Oshawa in order to have corresponding By-law requirements for each By-law, and, in order to rectify some difficulties with these By-laws. ^ + Y S+ �1A Y Report No: PD-13-83 . . ./2 This general By-law amendment wuld not have any bearing on the By-laws for the Town of Newcastle and therefore no further action on this amendment is required. The last date for filing objections was January 5, 1983. Res pectf u l I y. 7imitted, T. T. Edwards, M.C.I.P. Director of Planning EP*TTE*mjc December 28, 1982 NOTICE TO ALL PROPERTY OWNERS III THE CITY OF OSHAWA 1-e` Ji NOTICE. TO ALL PROPERTY OWNERS IN THE. TOWN OF NEWCAS L �, l NOTICE TO ALL PROPERTY OWNERS IiI THE. TOWN OF WHITB / NOTICE TO ALL PROPERTY OWNERS III THE TOWNSHIP OF S UGOGC NOTICE OF APPLICATION TO THE ONTARIO MUNICIPAL BOARD BY T CORPORATION OF THE CITY OF OSHAWA FOR APPROVAL OF A BY-LAW T'0 REGULATE LAND USE PASSED PURSUANT TO SECTION 39 OF THE :PLA'NNING:._ !c ACT , TAKE NOTICE that the Council of The Corporation of the City of Oshawa intends-. t _ _,�:��, apply to The Ontario Municipal Board pursuant to the provisions of Sect _on__3.of-,- The Planning Act for approval of By-law Plumber 111-82 passed on the 4th day of October 1982. A copy of the by-law is furnished herewith. A note giving an explanation of the purpose and effect of the by-law and stating the lands affected thereby is also furnished herewith. ANY PERSON INTERESTED MAY within twenty-one (21) days after the date of this notice, send by registered mail or deliver to the Clerk of the City of Oshawa notice of objection to approval of the said by-law or part thereof giving details of all or the portion of the by-law to which you object and detailed reasons therefor, and shall indicate that if a hearing is held the objector or an agent will attend at the hearing to support the objection. ANY PERSOII wishing to support the application for approval of the by-law may within twenty-one (21) days after the date of this notice send by registered mail or deliver to the Clerk of the City of Oshawa notice of his support of approval of the said by-law together with a request for notice of any hearinq that may be held giving the name and address to which such notice should be given. THE ONTARIO MUNICIPAL BOARD may approve of the said by-law but before doing so it may appoint a time and place when any objection to the by-law will be considered. Notice of any hearing that may be held will be given only to persons who have filed an objection or notice of support and who have left with or delivered to the Clerk undersigned, the address to which notice of hearing is to be sent and similarly, to any person who has filed a request for a change in the provisions of the by-law. TJiE LAST DAY FOR FILING OBJECTIONS WILL BE JANUARY 5TH 1983 a DATED AT THE CITY OF OSHAWA THIS 15TH DAY OF DECEMBER 1982 R.A. HFTIDERSON, CITY CLERK 50 CEN'T'RE STREET SOUTH OSHAWA, ONTARIO. BY-LAW NUMB17R 111-82 OF THE CORPORATION OF THE CITY OF OSHAWA being a by-law to further amend By-law Number 3415 of the City of Osh^wa, and to further amend By-law Number 1757 of the former Township of East Whitby. BE IT ENACTED AND IT IS HEREBY ENACTED as a by-law of The Corporation of the City of Oshawa by the Council thereof as follows: 1 . That By-law Number 3415 , as amended , is hereby further amended by deleting from Section 2 , the definitions of REAR LOT LINE and SIDE LOT LINE and substituting therefor the following : "REAR LOT LINE : means the lot line which is opposite the front line provided , however , -that in the case of an irregular lot , a line six ( 6) metres in length, which is entirely within the lot and at the maximum possible distance from and parallel to the front lot line, shall be deemed to be the rear lot line . " "SIDE LOT LINE : means a lot line other than a front lot line or a rear lot line . " 2 . That By-law Number 3415 , as amended, is hereby further amended by deleting from Section 15 . ( 1 ) thereof , under SCHEDULE OF REQUIRED MINIMUM FRONTAGE, AREA AND YARD DEPTHS FOR RESIDENTIAL DISTRICTS , the subsection entitled Minimum SIDE YARD DEPTH ( in metres) and substituting therefor the revised subsection shown in Schedule "A" to this by-law. 3 . That By-law Number 3415 , as amended , is hereby further amended by deleting Section 17 . _2_ P) 4 . That By-law Number 1757 of the former Township of East Whitby, as amended , be and the same is hereby further amended as follows (a) By deleting from Schedule "A" thereto, under Minimum Yards , Interior Side, the figures 1 . 5 ( 2 ) where they appear and substituting therefor the figures 1 . 2( 2) ; ( b) by deleting Section 5 . (c ) and substituting therefor the following : 5 . (c ) SIDE YARDS Notwithstanding Schedule "A" , where a dwelling is erected in a Residential (Rl , R2 or R3 ) Zone without a garage or carport , the side yard requirements of an interior lot shall be 4 . 5m on one side and 1 . 2m on the other side . 5 . By-law Number 1757 , as amended, is hereby further amended by deleting Sections 2 . (w) , ( x ) , and (y) and substituting therefor the following : (w) "LOT LINE, FRONT" means the street line provided , however, that in the case of a corner lot, it shall mean that part of the street line between the corner of the lot and the nearest extremity of the street line of the corner lot measured along the said street line. -3- ( x ) "LOT LINE , REAR" means the lot line which is opposite the front lot line provided , however, that in the case of an irregular lot , a line six ( 6 ) metres in ` length , which is entirely within the lot and at the maximum possible distance from and parallel to the front lot line, shall be deemed to be the rear lot line . (y) "LOT LINE , SIDE" means a lot line other than a front lot line or a rear lot line . " 6 . Schedule "A" attached hereto forms part of this by-law. 7 . No part of this by-law shall come into force without the approval of The Ontario Municipal Board but subject thereto this by-law shall take effect from the date of its passing . By-law read a first time this 4th day of October 1982 By-law read a second time this 4th day of October 1982 By-law read a third time and finally passed this 4th day of October 1982 MAYOR CLERK i SCHEDULE "A" TO BY—LAW NUMBER 111-82 PASSED THIS 4th DAY OF October 1982 MAYOR CLERK Minimum SIDE YARD DEPTH ( in metres ) RIA RIB RIC R2A R2B R3 R4 R5 ( a ) SINGLE FAMILY DWELLING DUAL D:aELLING or SEMI -DETACHED DWELLI NG 1. 2 1 . 2 1 . 2 1 . 2 1 . 2 1 . 2 1 . 2 1 . 2 ( b ) APARTMENT -- -- -- -- 1 . 5 1 . 5 1 . 5 1 . 5 BUILDING for for for for each each each each storey storey storey store; or or or or half- half- half- half- storey storey storey store,. ( c ) APARTMENT- HOTEL - ( 2 ) and ( 3 ) -- -- -- - - -- -- 1 . 5 1 . 5 for for each each storey store_ or or half- half- storey store ( d) GROUP DWELLING -- -- -- -- -- 3 3 3 ( e ) BUILDINGS OTHER THAN ABOVE ( 2 ) and ( 3 ) 1 . 8 1 . 8 - - 1 . 8 1 . 5 1 . 5 1 . 5 1 . 5 for for for for for for for each each each each each each each storey storey storey storey storey storey store or or or or or or or half- half- half- half- half- half- half- storey storey storey storey storey storey store EXPLANATORY NOTE EXPLANATION OF THE PURPOSE AND EFFECT OF BY LAW NUMBER 111-82 By-law Number 111-82 amends the provisions of By-law 3415 to provide for a uniform minimum side yard depth requirement of 1 . 2 metres for single family dwellings , semi-detached dwellings and dual dwellings regardless of the height of the buildings in all residential use districts . The by-law also amends By-law 1757 of the former Township of East Whitby to provide for a similar uniform interior side yard depth requirement of 1 . 2 metres which will apply to sinqle family dwellings only as semi-detached dwellings are not contemplated within the area affected by By-law 1757 as it now stands. The By-law amends the definitions of REAR LOT LINE and SIDE LOT LINE in By-law 3415 to remove a difficulty inherent in the definitions as they presently stand, particularly when an attempt is made to apply the provisions to lots which are irreqular in shape, and By-law 111-82 also effects a parallel amendment to the definitions of "LOT LINE, FRONT" , "LOT LINE, REAR" , AND "LOT LINE, SIDE" , in by-law 1757 . _ r� ` DATED OCTOBER 4TH 1982 ' THE CORPORATION OF THE CITY OF OSRAWA , BY-LAW NDM8OB 1I1-82 R , J . COUCH City SolioiLor 50 Centre Street South OSRAVVA, Ontario. ` . . ^ |