HomeMy WebLinkAboutBy-law 2677/88 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 2677/88
Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended,
to implement the Official Plan of the Town of Picketing District Planning
Area, Region of Durham in Part of Lots 30, 31, 32 and 33, Concessions 4 and 5,
in the Town of Picketing. (A 6/88)
WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to
permit the establishment of residential, commercial, church, community, agricultural and
greenbelt uses in Part of Lots 30, 31, 32 and 33, Concessions 4 and 5, in the Town of Picketing.
AND WHEREAS an amendment to By-law 303)', as amended, is therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING
HEREBY ENACTS AS FOLLOWS:
1. SCHEDULE I
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 30, 31, 32 and 33,
Concessions 4 and 5, in the Town of Pickering, designated "HMR3", "HMC7", "HMC$",
'I(C)", "GU", "A" and "G" 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.
DEFINITIONS
In this By-law,
(1) "Antique Store" shall mean a store in which antique articles, merchandise or similar
items are stored, offered or kept for retail sale to the public;
(2) "Arts and Craft Shop" shah mean an establishment in which articles, merchandise or
similar items used in the production of arts, crafts and domestic hobbies are stored,
offered or kept for retail sale to the public, and where lessons or instructions
related to the production of arts, crafts and domestic hobbies may be given;
(3) "Bakery" shall mean a building or part of a building in which food products are
baked, prepared and offered for retail sale, or in which food products baked and
prepared elsewhere are offered for retail sale;
(4) "Book Store" shall mean a store in which books, magazines, periodicals and similar
items are stored, offered or kept for retail sale to the public;
(5) "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, 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;
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(6) "Clothing Boutique" shall mean an establishment in which clothes and clothing
accessories are stored, offered or kept for retail sale to the public;
(7) "Community Use" shall mean a public use or facility serving residents of an area~
such as a community centre, a fire hall, a library~ a neighbourhood park, a police
station and a postal station;
(8) "Custom Workshop" shall mean a building or part of a building in which is carried
on the custom production of made-to-order articles including furniture, pottery,
glassware, jewellery, artwork, clothing, toys and musical instruments.
(9) "Domestic Business - Type A" shall mean an antique store, an arts and craft shop, a
book store~ a business office~ a clothing boutique~ a custom workshop, a
professional office, or a specialty borne furnishing shop, which is:
(a) operated from a detached dwelling on the lot, or a building or structure
accessory to the detached dwelling on the lotl and
(b) managed, directed or conducted by one or more of the occupants of the
detached dwelling on the lot.
(10) "Domestic Business - Type B" shall mean a bakery or a tea room~ which is:
(a) operated from a detached dwelling on the lot, or a building or structure
accessory to the detached dwelling on the lot; and
(b) managed, directed or conducted by one or more of the occupants of the
detached dwelling on the lot.
(11) "Mill~ Granary and Fertilizer Establishment" shall mean an establishment in which
grain is milled and in which agricultural fertilizers may be produced, and wherein
such products or by-products are stored, ofiered or kept for wholesale or retail sale;
(12) "Professional Office" shall mean a building or part of a building in which medical,
legal or other professional service is performed or consultation given, and which
may include a clinic, the offices of an architect~ a chartered accountant, and
engineer, a lawyer or a physician~ but shall not include a body-rub parlour as
defined in the Municipal Act, R.S.O. 1980~ Chapter 302~ as amended from time to
time, or any successor thereto;
(13) "Specialty Home Furnishings Shop" shall mean an establishment in which household
furniture, utensils, draperies, linen, glassware, artwork and similar domestic items
are stored, offered and kept for retail sale to the public;
(1#) "Tea Room" shall mean an establishment in which non-alcoholic beverages,
pastries~ sandwiches and desserts may be kept and sold for immediate consumption
on the premises only;
(15) (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 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) "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) ~'Interior Side Yard" shall mean a side yard other than a flankage side yard.
5. PROVISIONS
(1) (a) Uses Permitted('HMR3' Zone)
No person shall within the lands designated 'HMR3~ on Schedule I attached
hereto, use any lot or erect, alter or use any building or structure for any
purpose except the following:
(i) detached dwelling residential uses
(ii) domestic business - type A
(iii) domestic business - type B
(b) Zone Requirements ("HMR3" Zone)
No person shall within the lands designated "HMR3" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure except in
accordance with the following provisions:
(i) LOT AREA (minimum): 3~000 square metres
(ii) LOT FRONTAGE (minimum): 30 metres
(iii) FRONT YARD DEPTH (minimum): 9.0 metres
(iv) INTERIOR SIDE YARD WIDTH (minimum): 2.4 metres
(v) FLANKAGE SIDE YARD WIDTH (minimum): 2.t4 metres
(vi) REAR YARD DEPTH (minimum): 9.0 metres
(vii) LOT COVERAGE (maximum): 20 percent
(viii) BUILDING HEIGHT (maximum): 12 metres
(ix) DWELLING UNIT REQUIREMENTS:
A maximum number of dwelling units
per lot: one
B minimum floor area per dwelling 95 square metres
unit:
(x) PARKING REQUIREMENTS:
A For the purpose of this clause, "parking space" shall mean a usable
and accessible area of not less than 2.6 metres in width and 5.3
metres in length, for the temporary parking of a vehicle, but shall
not include any portion of a parking aisle or driveway;
B For each detached dwelling there shall be provided and maintained on
the lot a minimum I parking space;
C For each detached dwelling containing one or more domestic business
- type A, or one or more domestic business - type B, there shall be
provided and maintained on the lot, in addition to the minimum 1
parking space for the detached dwelling, a minimum of 3 parking
spaces per 100 square metres gross floor area domestic business -
type A, and a minimum of 3 parking spaces per 100 square metres
gross floor area domestic business - type B;
D Subsection 7.t~ of By-law 3037, as amended, shall apply to the lands
designated "HMR3" on Schedule I;
E Subsection 3.19.2 of By-law 3037, as amended, shall not apply to the
lands designated "HMR3" on Schedule I.
(xi) SPECIAL PROVISIONS:
A The aggregate of the gross floor areas of all domestic busines - type
A, and domestic business - type B, on a lot shall not exceed 23
percent of the gross floor area of the detached dwelling on the lot.
(c) Exceptions
Despite the minimum lot area and lot frontage provisions of subsections
3.(l)(b)(i) and 3.(l)(b)(ii), detached dwelling and uses accessory thereto, a
domestic business - type A, and a domestic business - type B, may be erected,
altered or used on a lot which existed on the date of the passing of this by-law,
providing:
(i) such lot has a minimum lot area of 1,390 square metres and a minimum lot
frontage of 22 metres, or
(ii) such lot has been granted a variance by the Committee of Adjustment to
the minimum requirements for the lot area and lot irontage, which
variance permits the erection, alteration or use of a detached dwelling on
the lot.
(2) (a) Uses Permitted ("HMC7" Zone)
No person shall within the lands designated "HMC7" on Schedule I attached
hereto, use any lot or erect, alter or use any building or structure for any
purpose except the following:
(i) mill, granary and fertilizer establishment
(b) Zone Requirements ("HMCT" Zone)
No person shall within the lands designated "HMCT" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure except in
accordance with the following provisions:
(i) FRONT YARD DEPTH (minimum): 9.0 metres
(ii) INTERIOR SIDE YARD WIDTH (minimum): 1.8 metres
(iii) FLANKAGE SIDE YARD WIDTH (minimum): 1.8 metres
(iv) REAR YARD DEPTH (minimum): 9.0 metres
(v) LOT COVERAGE (maximum): 33 percent
(vi) BUILDING HEIGHT (maximum): 18 metres
(vii) OPEN STORAGE: no open storage shall be
permitted in any yard
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(viii) PARKING REQUIREMENTS:
A For the purpose of this clause, "parking space" shall mean a usable
and accessible area of not less than 2.6 metres in width and 5.3
metres in length, for the temporary parking of a vehicle, but shall not
include any portion of a parking aisle or driveway;
B There shall be provided and maintained on the lot a minimum of 1
parking space per 56 square metres gross floor area mill~ granary and
fertilizer establishment;
C Subsections 5.19.2a)~ 5.19.2b) and 5.19.2k) of By-law 3037, as amended,
shall not apply to the lands designated "HMCT' on Schedule I.
(3) (a) Uses Permitted ("HMCS" Zone)
No person shall within the lands designated "HMCS' on Schedule I attached
hereto, use any lot or erect, alter or use any building or structure for any
purpose except the following:
(i) arts and craft shop
(b) Zone Requirements ("HMCS" Zone)
No person shall within the lands designated "HMC$" on Schedule I attached
hereto use any lot or erect~ alter or use any building or structure except in
accordance with the following provisions:
(i) FRONT YARD DEPTH (minimum): 9.0 metres
(ii) INTERIOR SIDE YARD WIDTH (mini~num): 1.8 metres
(iii) REAR YARD DEPTH (minimum): 9.0 metres
(iv) LOT COVERAGE (maximum): 25 percent
(v) BUILDING HEIGHT (maximum): 12 metres
(vi) OPEN STORAGE: no open storage shall be
permitted in any yard
(vii) PARKING REQUIREMENTS:
A For the purpose of this clause~ "parking space" shall mean a usable
and accessible area oi not less than 2.6 metres in width and 5.3
metres in length, ior the temporary parking of a vehicle, but shall
not include any portion of a parking aisle or driveway;
B There shall be provided and maintained on the lot a minimum of 4.0
parking spaces per 100 square metres gross floor area arts and
craft shop;
C Subsections 5.19.2a), 5.i9.2b) and 5.19.2k) of By-law 3037, as
amended, shall not apply to the lands designated "HMCS" on
Schedule I.
(t~) (a) Uses Permitted ("I(C)" Zone)
No person shall within the lands designated "I(C)" on Schedule I attached hereto,
use any lot or erect, alter or use any building or structure for any purpose
except the following:
(i) church
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(b) Zone Requirements ("I(C)" Zone)
No person shall within the lands designated "](C)" on Schedule ] attached hereto
use any lot or erect~ alter or use any building or structure except in accordance
with the following provisions:
(i) FRONT YARD DEPTH (minimum): %0 metres
(ii) INTERIOR SIDE YARD WIDTH (minimum): 3.0 metres
(iii) FLANKAGE SIDE YARD W1DTH (minimum): 3.0 metres
(iv) REAR YARD DEPTH (minimum): 9.0 metres
(v) LOT COVERAGE (maximum): 25 percent
(vi) BUILDING HEIGHT (maximum): 12 metres
(vii) PARKING REQUIREMENTS:
A For the purpose of this clause, "parking space" shall mean a usable
and accessible area of not less than 2.6 metres in width and 5.3
metres in length~ for the temporary parking of a vehicle~ but shall
not include any portion of a parking aisle or driveway;
B There shall be provided and maintained on the lot a minimum of 1
parking space per # persons capacity;
C Subsections ~.19.2a)~ ~.19.2b) and .5.19.2k) of By-law 3037, as
amended~ shall not apply to the lands designated "I(C)" on Schedule I.
(~) Uses Permitted ("CU" Zone)
No person shall within the lands designated "CU" on Schedule I attached hereto~ use
any lot or erect~ alter or use any building or structure for any purpose except the
following:
(i) community use
(6) Uses Permitted ("A" Zone)
No person shall within the lands designated "A" on Schedule I attached hereto, use
any lot or erect~ alter or use any building or structure for any purpose except in
accordance with Section 6 of By-law 3037~ as amended.
(6) Uses Permitted ("G" Zone)
No person shall within the lands designated "G" on Schedule I attached hereto~ use
any lot or erect~ alter or use any building or structure for any purpose except in
accordance with Section lt~ of By-law 3037~ as amended.
6. BY-LAW 3037
By-law 3037~ 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 1
attached hereto. Definitions and subject matters not specifically dealt with in this
By-law shall be governed by the relevant provisions of By-law 3037, as amended.
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7, ENFORCEMENT
(1) Any person who contravenes any of the provisions of this By-law is guilty of an
offence and on conviction is liable,
(a) on a first conviction to a tine of not more than $20,000; and
(b) on a subsequent convict[on to a fine of not more than $10,000 for each day or
part thereof upon which the contravention has continued after the day on which
he was first convicted.
(2) Where a corporation is convicted under subsection (1), the maximum penalty that
may be imposed is,
(a) on a first conviction a fine of not more than $.~0,000; and
(b) on a subsequent conviction a fine of not more than $25,000 for each day or part
thereof upon which the contravention has been continued after the day on which
the corporation was first convicted;
and not as provided in subsection (1).
(3) Where a conviction is entered under subsection (l), in addition to any other remedy
or penalty by law, the court in which the conviction has been entered, and any court
of competent jurisdiction thereafter, may make an order prohibiting the
continuation or repetition of the offence by the person convicted.
$. 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.
READ A FIRST AND SECOND TIME THIS 15th DAY OF February , 19gg.
READ ATHIRD TIME AND PASSED THIS 15th DAY OF February , [988.
HMR3
HMR3
HMR3 CU ~o.~
G
SCHEDULE I TOBY-LAW 2677/88
PASSED THIS 15th
DAY OF February )0~
iYOR ( J?~'l~ E,~DER 'S 0~/'~F' ~ ~
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HMR3"-' ~
'~ HMR3 HMR3
WHITEVALE ROAD ( FIFTH CONCESSION ROAD )
HMR3
HMR3
WHITEVALE ROAD
SCHEDULE ! TOBY-LAW 2677/88
PAGE 2 OF 2
HAMLET OF WHITEVALE
SUBJECT LANDS