/Clause ___, Report No. ___, 2008
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BY-LAW 2008-_____
A
By-law to amend By-laws 1229, 1442, 1507,
1767,
1914, 2053, 2150, 2237, 2284-68, 2402,
2489,
2551, 2571, 2612, 11-72, 122-72, 77-73,
83-73,
84-73, 119-73, 151-75, 88-76, 127-76,
250-77,
145-78, 162-78, 163-78, 184-78,
72-79,
91-79, 118-79, 134-79, 153-80,
165-80,
72-81, 90-81, 108-81, 193-81, 221-81,
28-82, 194-82, 196-82, 47-85, 304-87, 19-94
and 177-96, as amended
WHEREAS the Town of
Markham is empowered to pass By-laws pursuant to the Planning Act R.S.O. 1990
c. P 13.
AND
WHEREAS
By-laws 1229, 1442, 1507, 1767, 1914, 2053, 2150, 2237, 2284-68, 2402, 2489,
2551, 2571, 2612, 11-72, 122-72, 77-73, 83-73, 84-73, 119-73, 151-75, 88-76,
127-76, 250-77, 145-78, 162-78, 163-78, 184-78, 72-79, 91-79, 118-79, 134-79,
153-80, 165-80, 72-81, 90-81, 108-81, 193-81, 221-81, 28-82, 194-82, 196-82,
47-85, 304-87, 19-94 and 177-96 as amended, are intended to provide for the
orderly development of land in the Town of Markham;
AND
WHEREAS
the Town of Markham wishes to ensure that By-laws 1229, 1442, 1507, 1767, 1914,
2053, 2150, 2237, 2284-68, 2402, 2489, 2551, 2571, 2612, 11-72, 122-72, 77-73, 83-73,
84-73, 119-73, 151-75, 88-76, 127-76, 250-77, 145-78, 162-78, 163-78, 184-78,
72-79, 91-79, 118-79, 134-79, 153-80, 165-80, 72-81, 90-81, 108-81, 193-81,
221-81, 28-82, 194-82, 196-82, 47-85, 304-87, 19-94 and 177-96 as amended,
permit an accessory dwelling unit within single detached and semi detached
dwellings within the Town, provided certain conditions are met;
AND
WHEREAS
Council held a public meeting on ________, for the purposes of obtaining public
input;
THE
COUNCIL OF THE CORPORATION OF THE TOWN OF MARKHAM HEREBY ENACTS AS FOLLOWS:
1.0 By-laws 1229, 1442, 1507, 1767, 1914,
2053, 2150, 2237, 2284-68, 2402, 2489, 2551, 2571, 2612, 11-72, 122-72, 77-73,
83-73, 84-73, 119-73, 151-75, 88-76, 127-76, 250-77, 145-78, 162-78, 163-78,
184-78, 72-79, 91-79, 118-79, 134-79, 153-80, 165-80, 72-81, 90-81, 108-81,
193-81, 221-81, 28-82, 194-82, 196-82, 47-85, 304-87, 19-94 and 177-96, as
amended be and the same is hereby further amended as follows:
1.1
For the purpose of this by-law only, the following definitions shall
apply:
"Accessory Use" means a use, customarily
and normally subordinate to, incidental to and exclusively devoted to a main
use of land or building, and located on the same lot.
“Dwelling Unit, Secondary” means a dwelling unit
that has a floor area that is less than the floor area of the other unit in the
same building.
" Floor Area" means the aggregate of the
areas of each floor of a dwelling unit above or below established grade,
measured between the exterior faces of the exterior walls, but not including the
floor area of a private garage.
“Dwelling Unit, Principal” means a dwelling unit that has a floor area
that is greater than the floor area of the other unit in the same building.
"Dwelling, Semi-Detached” means a dwelling
unit in a building that is divided vertically into two dwelling units that
share a common wall above grade that is divided vertically into two dwelling
units that shares a common wall above grade.
"Dwelling, Single Detached" means a
building containing only one dwelling unit.
“Garage Door” means the door of a private garage
that permits a motor vehicle to access a private garage from the outside.
"Lane" means a subsidiary thoroughfare
which is not intended for general traffic circulation and which provides a
public or private means of vehicular access to an abutting property.
"Main Wall" means the exterior front,
side and/or rear wall of a building and all structural components essential to
the support of a fully enclosed space.
"Street, Private" means a private
right-of-way that is used by motor vehicles, but not owned by the Corporation
or any other public authority.
"Street, Public" means a roadway owned
and maintained by a public authority, and for the purposes of this By-law does
not include a lane or any private street.
"Streetline" means the boundary between a
public street and a lot.
1.2 Notwithstanding any other provisions contained within the aforementioned by-laws, and subject to the provisions of this by-law, one accessory dwelling unit is permitted in a single or semi-detached dwelling in any Zone provided:
a)
both the principal dwelling unit and the secondary dwelling unit are wholly
contained within the same single or semi detached dwelling;
b)
there are no more than two
dwelling units on the same lot;
c)
the maximum floor area of the secondary dwelling unit is no more than 45% of floor area of the single
or semi-detached dwelling as it
existed prior to the establishment of the secondary
dwelling unit;
d) the secondary dwelling unit has a floor area of no less than 35m2;
e) no more than one dwelling entrance is contained within any main wall facing a streetline;
f) the entrance to either the principal or secondary dwelling unit is not contained within the garage door; and,
g) all other provisions of By-laws 1229, 1442, 1507, 1767, 1914, 2053, 2150, 2237, 2284-68, 2402, 2489, 2551, 2571, 2612, 11-72, 122-72, 77-73, 83-73, 84-73, 119-73, 151-75, 88-76, 127-76, 250-77, 145-78, 162-78, 163-78, 184-78, 72-79, 91-79, 118-79, 134-79, 153-80, 165-80, 72-81, 90-81, 108-81, 193-81, 221-81, 28-82, 194-82, 196-82, 47-85, 304-87, 19-94 and 177-96, as amended, unless specifically modified or amended by this By-law, are complied with.
1.3
Notwithstanding any other
provisions contained within the aforementioned by-laws, and By-law 28-97, and
subject to the provisions of this by-law, no parking spaces are required for an
secondary dwelling unit.
2.0 Nothing
in this By-law shall serve to relieve any person from any obligation to comply
with the requirements of any other By-law of the Town of Markham or any other
requirement of the Region of York, the Province of Ontario or the Government of
Canada that may affect the use of lands, buildings or structures in the
municipality.
READ A FIRST
AND SECOND TIME THIS ______ DAY OF ______, 2008.
READ A THIRD TIME AND
PASSED THIS _____ DAY OF _____, 2008.
_________________________________ ______________________________
SHEILA BIRRELL, TOWN
CLERK FRANK SCARPITTI, MAYOR