HomeMy WebLinkAboutBy-law 2864/88���
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Ontario
Municipal
Board
June 13 , 1989
Land Registry Office for
the Land Title Division of Durham
The Thornton Centre
85Q King Street West
Oshawa, Ontario
L1J 2L5
Land Registrar: G.F. Mackay
Dear Sir:
Re: O.M.B. File No. 5880017
Town of Pickering
Plan of Subdivision
Part of Lot 29, Concession 1
and Block "0", Plan M-1038
Region's File No. 18T-87012
416/598-2266
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180 Dundas SC West
Toronto, Ontario
MSG 1 ES
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JUN 1 51989
TOWN OF PlCKEFiINa
PICKERING, ONTARIO
Please find enclosed copies of the above-noted referrenced
plan approved by Board Order made July 18, 1989, a copy
of which is also enclosed.
1 original
6 transluscents
3 paper prints
The Board has retained one copy of the paper print
for Sts file.
Yours truly, �
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Chris Bahaviolos
Zoning, Official Plans
and Subdivisions
c.c. Allan N. Windrem, Erin Amelia lnves
The Clerk, Town of Pickering
The Clerk, Region of Durham
Micheal S. Steinberg
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Ontario Municipal Board
Commission des affaires municipales de I'Ontario
IN THE MATTER OF Section 50(15) of the
Planning Act, 1983
AND IN THE MATTER OF a referral to this
Board by the Regional Municipality of
Durham on a request by J. E. Hanna for
consideration of a proposed plan of
subdivision on lands being Part of Lot 24,
Concession 1 and Block "0", Plan M-1038 in
the Town of Pickering
Regional File: 18T-87012
O.M.B. File S 880017
BEFORE:
A. J. L. CHAPMAN )
Member )
) Monday, the 18th day
- and - )
of July, 1988
E. F. CROSSLAND )
Member )
S 880017
THIS MATTER having come on for public hearing and after the hearing of the
application the Board having held its final order until this day to await
fulfillment of the conditions that were imposed;
THE BOARD ORDERS that this plan of subdivision located o� the lands comprising
Part of Lot 24, Concession 1 and Block "0", Plan M-1038, in the Town of
Pickering, is hereby approved.
Dated at Toronto this 13th. day of June, 1989.
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SECRETARY
ENTERED
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BEFORE:
A.J.I. CHAPMAN
Member
- and -
E.f. CROSSLAND
Member
Ontario Municipal Board
Commission des affaires municipales de I'Ontario
IN THE MATTER OF Section 34(11) of
the Plannfng Act, 1983
AND IH 7HE MATTER OF an appeal to
this Board by Erin Amelia lnvestments
Inc. for an order amending Zoning
By-law 3036 of the Town of Pickering
to rezone the lands comprising Part
Lot 24, Concession 1 and Block "0",
Plan M-1038 from Agricultural and
Greenbelt, "A" and "G" to "S2" and
"53" to permit the development of
eighty detached dwelling units, a
semi-detached dwelling unit and a
neighbourhood park
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Monday, the 18th day
of July, 1988
7HE BOARD ORDERS that its previous order made herein on the 18th day of July,
1988, and entered in Order Book Number Z88-1, on Folio No. ]0, on the 25th day
of August, 1988, is hereby amended by deleting Schedule I to Appendix "1"
attached thereto, and replacing it with Schedule I attached hereto.
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Ontario Municipal Board
Commission des affaires municipales de I'Ontario
SCHEDULE "I"
to the Order of the Ontario Municipal Board
made on the 18�h day of July, 1988
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THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 2864/88
Being a 6y-law to amend Restricted Area (Zoning) 6y-law 3036, as amended, to
implement the Official Plan of the Town of Pickering District Planning Area, Region of
Durham in Part of Lot 24, Concession 1, Block O, Plan M-1038 and Block G, Plan M-1162, in
the Town of Pickering.
(A 15/87;18T-87012)
WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to
permit the development of detached residential units, a semi-detached dwelling unit, and a
neighbourhood park to occur on the subject lands being Part of Lot 24, Concession l, Block O,
Plan M-1038 and Block G, Plan M-1162, in the Town of Pickering;
AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING
HEREBY ENACTS AS FOLLOWS:
SCHEDULEI
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 Lot 24, Concession 1,
131ock O, Plan M-1038 and Block G, Plan M-1162, Pickering, designated "S", "S3", "S4",
"SD-A" and "NP" 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.
4. DEFINITIONS
In this dy-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, SinRle or SinQle Dwelling" shall mean a dwelling containing one
dwelling unit and uses accessory thereto;
(d) "Dwellin�, Detached or Detached Dwellin�" shall mean a single dwelling which
is freestanding, separate and detached from other main buildings or structures;
(e) "Dwellin�, Semi-detached or Semi-detached DwellinR" shall mean one of a pair
of single dwellings, such dwellings being attached together horizontally in whole
or in part above grade, below grade, or both above and below grade;
(2) (a) °Floor Area-ResidentiaP' shall mean the area of the floor surface contained
within the outside walls of a storey or part of a storey;
-Z -
(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 a 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 iot constitutes the whole of a lot
or block on a registered plan of subdivision;
(b) "Lot CoveraRe" shall mean the percentage of lot area covered by all buildings
on the lot.
(c) "Loi Fro�tage" 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) Neighbourhood Park" shall mean a municipal public park;
(5) "Private Garage" shall mean an enclosed or partially enclosed structure for ihe
storage of one or more vehicles, in which structure no business or service is
conducted for profit or otherwise;
(6) (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 Uepth" 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 ihe 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 tbe nearest wall of the nearest main building
or structure on the lot;
(h) "Flanka�e 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) "Flanka�e 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 ihe
nearest main building or structure on the lot;
(j) "Interior Side Yard" shall mean a side yard other than a flankage side yard.
5.
-3 -
(1) (a) Uses Permitted ("S" Zone)
No person shall within the lands designated "S" 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 use.
(b) Zone Requirements ("S" Zone)
No person shall within the lands designated "S" 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 (minirnum):
(ii) LOT PRONTAGE (minimum):
(iii) FRONT YARD DEPTH (minimum):
(iv) INTERIOR SIDE YARD WIDTH (minimum):
300 square metres
11 metres
4.5 metres
1.2 metres on one side, 0.6
metres on the other side
(v) FLANKAGE SIDE YARD WIDTH (minimum): 2.7 meires
(vi) REAR YARD DEP"CH (minimum): 7.5 meires
(vii) LOT COVERAGE (maximum):
(viii) BUILDWG HE[GH"C (maximum):
(ix) DWELLING UNIT REQUIREMENTS:
floor area-residential of 100 square metres
38 percent
l2 metres
maximum one dwelling unit
per lot and minimum gross
(x) PARKING REQUIREMENTS: 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 or abutting on a reserve on the opposite
side of which is a street
(2) (a) Uses Permitted ("S3" Zone)
No person shall within the lands designated "S3" 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 use
(b) Zone Requirements ("S3" Zone)
No person shall within the lands designated "53" on Schedule I attached hereto
use any lot or erect, alter or use any building except in accordance wiih the
following provisions:
(i) LOT AREA (minimum):
(ii) LOT FRONTAGE (minimum):
350 square metres
12 metres
-4 -
(iii) FRONT YAKD DEPTH (minimum):
(iv) INTERIOR SIDE YARD W[DTH (minimum):
A minimum l.2 metres each side, or
4.5 metres
B minimum l.8 metres one side and no minimum other side
(v) FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres
(vi) REAR YARD DEPTH (minimum):
(vii) LOT COVERAGE (maximum):
(viii) BUILDING HEIGHT (maximum):
7.5 metres
38 percent
12 metres
(ix) DWELLWG UNIT REQUIREMENTS: maximum one dwelling
unit per lot and
minimum gross floor area-residential of 100 square metres
(x) PARKING REQUIREMENTS: minimum one private
garage perlot 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 or abutting on a reserve on
the opposite side of which is a street
(xi) SPECIAL REGULATIONS:
adjacent lots shall not be less than 1.8 metres
(3) (a) Uses Permitted ("54" Zone)
the horizontal distance
between dwellings on
No person shall within the lands designated "54" 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 use
(b) Zone Requirements ("S4" Zone)
No person shall within the lands designated "54" 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):
(ii) LOT FRONTAGE (minimum):
(iii) FRONT YARD DEPTH (minimum):
(iv) INTERIOR SIDE YARD WIDTH (minimum):
(v) FLANKAGE SIDE YARD WIDTH (minimum):
250 square metres
9 metres
4.5 metres
1.2 metres on one side,
0.6 metres on the other
side
2.7 metres
(vi) REAR YARD DEPTH (minimum): 7.5 metres
-5 -
(vii) LOT COVERAGE (maximum):
(viii) BUILDWG HEIGHT (maximum):
38 percent
12 metres
(ix) DWELLING UNIT REQUIREMENTS: maximum one dwelling
unit per lot and
minimum gross floor area-residential of 100 square metres
(x) PARKING REQUIREMEN'CS: minimum one private
garage perlot 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 or abutting on a reserve on
the opposite side of which is a street
(xi) SPECIAL REGULATIONS:
adjacent lots shall not be less than L2 metres
(4) (a) Uses Permitted ("SD-A" Zone)
the horizonial distance
between buildings on
No perso� shall within the lands designated "SD-A" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure for any
purpose except the following:
(i) semi-detached dwelling residentiai use
(b) Zone Requirements ("SD-A" Zone)
No person shall within the lands designated "SD-A" on Schedule I attached
hereto use any lot or erect, alter or use any buiiding except in accordance with
the following provisions:
(i) LOT AREA (minimum):
(ii) LOT FRONTAGE (minimum):
(iii) FRONT YARD DEPTH (minimum):
225 square metres
7.5 rnetres
4.5 metres
(iv) INTERIOR SIDE YARD WIDTH (minimum): 1.2 metres except that
no interior side yard
shall be provided on the side where dwellings are attached together, so
long as every common wall extending along the side lot line separating
such lots, or that is not a direct extension thereof, shall be set back from
the side lot line as follows:
(I) 1.2 metres measured perpendicularly to such side lot line if no abutting
side yard is provided on the abutting lot or,
(II) 0.6 metres measured perpendicularly to such side lot line if an
abutting side yard is provided on the abutting lot;
(v) FLANKAGE SIDE YARD WIDTH (minimum):
(vi) REAR YARD DEPTH (minimum):
(vii) LOT COVERAGE (maximum):
(viii) BUILDING HEIGHT (maximum):
(ix) DWELLING UN[T REQUIREMENTS:
minimum dwelling unit area of l00 square meters
2.7 metres
7.5 metres
40 percent
12 metres
minimum one dwelling
unit per lot and
-6 -
(x) PARKING REQUIREMENTS: minimum one private garage
per lot attached to the main
building, any vehicular entrance of which shall be located notless than 6.0
metres from the front lot line and not less than 6.0 metres from any side
lot line immediately adjoining or abutting on a reserve on the opposite
side of which is a street
(xi) SPECIAL REGULATIONS:
A Despite Section 4.(1)(e), the pair of single dwellings comprising the
semi-detached dwelling permitted within the lands designated "SD-A"
on Schedule I attached hereto shall be attached to each other by an
above grade common private garage wall which shall be not less than
3.0 metres in length and not less than 2.4 metres in height.
(4) (a) Uses Permitted ("NP" Zone)
No person shall within the lands designated "NP" on Schedule [ attached hereto
use any lot or erect, alter or use any building or structure for any purpose
except the following:
(i) neighbourhood park
6. BY-LAW
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 specifically dealt with in this
By-law shall be governed by the relevant provisions of 6y-law 3036, as amended.
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 fine of not more than $20,000; and
(b) on a subsequent conviction 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 $50,000; 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 Ueen continued after the day on which
the corporation was first convicted;
and not as provided in subsection (l).
(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.
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8. 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.
BY—LAIV APP1mVED BY ON?'A.'210 MUNIQPAL ^OAi2D ON �7UfY 18� 1988
(ON� FII,E; Z 880080)
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TOWN OF PICKERiNa Z 880080
?rCK�INO� ONTqfllp
Ontario Municipal Board
Commission des affaires municipales de I'Ontario
IN THE MRTTER OF Section 34(11) of
the Planning Act, 1983
AND IN THE MIITTER OF an appeal to
this Board by Erin Amelia lnvestments
Inc. for an order amending By-law
3036 of the Town of Pickering to
rezone the lands comprising Part Lot
" Concession 1 and Block "0", Plan
38 from Agricultural and
ibelt, "A" and "G" to "S2" and
to permit the development of
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�� bourhood park
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�ECEIVED
AUG 23 t488
SOLICITOR
TOWN OF PICKERING
Monday, the 18th day
of July, 1988
for public hearing this day and after the hearing;
appeal is allowed and Zoning By-law No. 3036 is
in Appendix "1" attached hereto and forming part of
lity is hereby authorized to assign a by-law or other
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Ontario Municipal Board
Commission des affaires municipales de I'Ontario
APPENDIX '1°
to the order of the Ontario Municipal Board
made on the 18th day of July, 1988
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