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Home My WebLink AboutBy-law 2896/88THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 2£396/E8 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham in Blocks 77 and 79, Plan 40M-1272 and Part of Lots 24 and 25, Concession 1, in the Town of Pickering. (A 45/86; 18T-86037) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of semi-detached and single attached dwelling units on the subject lands being Blocks 77 and 78, Plan 40M-1272 and Part of Lots 24 and 25, Concession 1; AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THBREFORE 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 6y-law shall apply to those lands in Blocks 77 and 78, Plan 40M-1272 and Part of Lots 24 and 25, Concession 1, Pickering, designated "SD-SA" 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. 4. DEF[NITIONS ln this By-law, (1) (a) "DwellinQ" 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) "DwellinQ 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) "Semi-Detached DwellinA" shall mean one of a pair of single dwellings, such dwellings being attached together horizontally by an above grade common wall; (d) "Sin�le Attached DwellinQ" shall mean one of a group of not less than three single adjacent dwelling units, attached together horizontally by an above grade common wall; (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; G�� "��//2��%�� 2 (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) °Loi" 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 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 FrontaRe" 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; (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 Uetween the front lot line of ihe 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) "i2ear 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; (fj "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 iminediately adjoining a street or abutti�g on a reserve on the opposite side of which is a street; (i) "Flankage 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; (j) °Interior Side Yard" shall mean a side yard other than a flankage side yard. 5. 6. 3 PROVISIONS (l) (a) Uses Permitted ("SD-SA" Zone) No person shall within the lands designated "SD-SA" 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 residential use (ii) single attached dwelling residential use (b) Zone Requirements ("SD-SA" Zone) No person shall within the lands desig�ated "SD-SA" 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): l70 square metres 6.0 metres 4.5 metres (iv) INTERIOR SIDE YARD WID"fH minimum l.2 metres except that no interior side yard shall be provided on the side where dwellings on adjacent lots are attached together, so long as every wall on s�ch side which is not part of a common wall extending along the side lot line separating such lots, or is not a direct extension thereof, shall be set back from the side lot line separating such lots as follows: A 1.2 metres measured perpendicularly to such side lot line if no abutting side yard is provided on the abutting lot, or B 0.6 metre measured perpendicularly to such side lot line if an abutting side yard is provided on the ab�tting lot (v) FLANKAGE SIDE YARD WIDTH (minimum): (vi) REAR YARD DEPTH (minim�m): (vii) LOT COVERAGE (maximum): (viii) BUILDING HEIGHT (maximum): (ix) DWELLING UNIT REQUIREMENTS: 2.7 metres 7.5 metres 45 percent 12 metres maximum one dwelling �nit per lot and minimum dwelling unit area of 100 square metres (x) PARKING REQUIREMENTS: minimum one private garage per lot attached to the main building and located not less than 6 metres from the front lot line (xi) SPECIAL REGULATIONS: BY-LAW 3036 no more than 34 dwelling units shall be permitted on the lands designated "SD-SA" on Schedule I hereto 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 [ attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be govemed by the relevant provisions of By-law 3036, as amended. 7 8. ENFORCEMENT (1) �Z) 4 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. 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 been continued afterthe day on which the corporation was first co�victed; and not as provided in subsection (1). (3) Where a conviction is entered under subsection (I), 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 ANU SECOND TIME THIS 3�'d DAY OF READ A THIRD TIME AND PASSED THIS 3rd DAY OF �a�t�'�` TOWN OF AYOR PICKERJNG JOHN E. ANDERSON /� APPROVED � �� TO FpRM LF_(�A� �_, BRUCE J. l'AYLOR October October , 1988. , 1988. SCHEDULE I TO BY-LAW 2896/88 PASSED �►S 3rd DAY OF October 1988 ' •" s�JiT� "_`-`_-� � ( BRUCF J. TAYLOR )