HomeMy WebLinkAboutBy-law 3640/91THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 3640/91
Being a By-law to amend Restricted Area (Zoning)By-law 3036, as amended, to
implement the Official Plan of the Town of Pickerinl~District Planning Area, Region of
Durham in Part of Lot 20 and Part of Lot 21, Concession 2, in the Town of Picketing.
{A 18/90; 18T-88077(R)}
WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to
permit the development of detached residenital units, semi-detached residential units and
single attached residential units to occur on the subject lands being Part of Lot 20, and Part of
Lot 21, Concession 2 in the Town of Pickering;
AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary;
NOW qllEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACTS AS FOII OWS:
SCHEDULE I AND H
Schedule I and II attached hereto with notations and references shown thereon are
hereby declared to be part of this By-law.
AREA RESTRICTED
The provisions of this By-law shall apply to those lands in Part of Lot 20 and Part of Lot
21, Concession 2, Picketing, designated "SI", "S1-2", "SI-Y', "S2", "S2-2", "SY', "S3-2", "S4",
S-5, SD-A, S-SD, SA-2 and OS-HL, on Schedule I attached hereto.
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)
(a) ~ 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 bein~ occupied as a single, independent an.d separate housekeeping unit
contaimng a separate kitchen and sanitary facilit:es;
(c) "Dwelling, Single or Single Dwelling" shall mean a dwelling containing one
dwelling unit and uses accessory thereto;
(d) "Dwelline. Detached or Detached Dwelling" shall mean a single dwelling
which is-freestanding, separate and detachid from other main buildings or
structures;
(e) "Dwelline. Semi-Detached or Semi-Detached Dwelling" shall mean one of a
pair of s£ngle dwellings, such dwellings being attached together horizontally in
whole or in part above grade, below grade, or both above and below grade;
(0 "Single Attached Dwelling" shall mean one of a group of not less than three
single adjacent dwelling units, attached together horizontally by an above
grade common wall;
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(2)
(3)
(4)
(5)
(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;
(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;
(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 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 Frontage" 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;
"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;
(a)
"Yar{J" 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)
"Rcgr 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 Yar0" shall mean a side yard immediately adjoining a street or
abutting 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.
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PROVISIONS
(1) (a) Uses Permitted ("SI", "S1-2", "S1-3", "S2", "S2-2", "S3" and "S3-2" Zone)
No person shall within the lands designated "SI", "S1-2", "S1-3", "S2", "S2-2", "SY'
and "S3-2" 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 ("SI", "S1-2", "S1-3", "S2", "S2-2", "S3" and "S3-2"Zone)
No person shall within the lands designated "SI", "S1-2", "S1-3", "S2", "S2-2", "S3"
and "S3-2" 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):
A on lands designated "SI",
"S1-2", "S1-3" - 450 square metres
B on lands designated "S2"
and "S2-2" - 400 square metres
C on lands designated "S3"
and "S3-2" - 350 square metres
(ii) LOT FRONTAGE (minimum):
A on lands designated "SI",
"S1-2", "S1-3"
B on lands designated "S2"
and "S2-2"
C on lands designated "S3"
and "S3-2"
(iii) FRONT YARD DEPTH (minimum):
A on lands designated "SI",
"S2" and "S3"
B on lands designated "S1-2",
"S1-3", "S2-2" and "S3-2"
- 15.0metres
- 13.5metres
- 12.0metres
- 4.5 metres
- 4.0 metres
(iv) INTERIOR SIDE YARD WIDTH (minimum):
(v)
(vi)
A minimum 1.2 metres each side, or
B minimum 1.8 metres one side and no minimum other side except that
in the case of a lot abutting on a reserve on the opposite side of which
is Valley Farm Road, the minimum interior side yard width shall be 7.5
metres.
FLANKAGE SIDE YARD WIDTH
(minimum):
2.7metres
REAR YARD DEPTH (minimum):
A on lands designated "Si", S2"
and "S3"
- 7.5 metres
B on lands designated "S1-2",
"S 1-3", "S2-2" and "S3-2"
- 7.5 metres
C
for the purposes of this provision, despite section 2.46 c) ii) of By-law
3036, the term rear lot hne, for any lot any part of which is located in
the "OS-HL" designation, shall be deemed to be the boundary on that
lot between the "OS-HL" zone designation and the abutting "S1-2",
"S1-3", "S2-2" or "S3-2" designation
(2)
(a)
(b)
-4-
(vii) LOT COVERAGE (maximum):
- 38 percent
(viii) BUILDING HEIGHT (maximum): - 12 metres
(ix) DWELLING UNIT REQUIREMENTS: - maximum one dwelling
unit 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, 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 lin? immediately adjoining a
street or abutting on a reserve on the opposite side of which is a street.
(xi) SPECIAL REGULATIONS: - the horizontal distance
between buildings on adjacent lots to which the section applies shall not
be less than 1.8 metres.
Uses Permitted CS4" and "S5" Zone)
No person shall within the lands designated "S4" and 'S5" 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
Zone Requirements CS4" and "S5" Zone)
No person shall within the lands designated "S4" 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):
A on lands designated "S4" - 300 square metres
B on lands designated "S5" - 250 square metres
(ii) LOT FRONTAGE (minimum):
A on lands designated "S4" - 10 metres
B on lands designated "S5" - 9 metres
(iii) FRONT YARD DEPTH (minimum): - 4.5 metres
(iv) INTERIOR SIDE YARD WIDTH:
A minimum 1.2 metres one side, 0.6 metres other side, or
B No minimum one side so long as on the other side:
at least 1.2 metres interior side yard width is provided to the
nearest wall of a private garage, and
at least 1.8 metres interior side yard width is provided to any
other wall of the main dwelling.
(I)
(II)
(v) FLANKAGE SIDE YARD WIDTH
(minimum): - 2.7 metres
(vi) REAR YARD DEPTH (minimum): - 7.5 metres
(vii)
LOT COVERAGE (maximum):
A on lands designated "S4"
B on lands designated "S5'
- 38 percent
- 40 percent
-5-
(viii)
DWELLING UNIT REQUIREMENTS: - maximum one dwelling unit
per lot and minimum gross floor area-residenital of 100 square metres
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 a
street or abutting on a reserve on the opposite side of which is a street.
(x) SPECIAL REGULATIONS: - the horizontal distance
between building on adjacent lots shall not be less than 1.2 metres.
(3) (a) Uses Permitted ("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 building or structure for any
purpose except the following:
(i) semi-detached dwelling residential 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 building 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 metres
4.5 metres
(iv) INTERIOR SIDE YARD WIDTH: 1.2 metre 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 is not a direct extension
thereof, shall be set back from the side lot line as follows:
A 1.2 m. etres measured perpendicularly to such side lot line if no
abutting side yard is prowded on the abutting lot or,
B 0.6 metres measured pe~endicularly 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):
2.7 metres
7.5 metres
40 percent
12 metres
(ix) DWELLING UNIT REQUIREMENTS: minimum onem dwelling
unit 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, 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 a street or abutting on a reserve on the opposite side of
which is a street.
(4)
(a)
(b)
-6-
(xi) SPECIAL REGULATION:
A the horizontal distance between building on adjacent lots,
except where such buildings are attached in whole or in part,
shall be not less than 1.2 metres
B despite the definition of "Dwelling, Semi-Detached or
Semi-Detached Dwelling" in Section 4.(1)(e), Semi-Detached
Dwellings erected in an "SD-A" zone shall be attached above
~erade by a common wall which shall be not less than 3 metres in
ngth and not less than 2.4 metres in height.
Uses Permitted CS-SD" Zone)
No person shall within the lands designated "S-SD" on Schedule I hereto, use
any lot. or erect, alter or use any building or structure for any purpose except the
following:
(i) detached dwelling residential use
(ii) semi-detached dwelling residential use
Zone Requirements CS-SD" zone)
No person shall within the lands designated "S-SD" 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): 225 square metres
(ii) LOT FRONTAGE (minimum): 7.5 metres
(iii)FRONT YARD DEPTH (minimum): 4.5 metres
(iv)INTERIOR SIDE YARD WIDTH:
A minimum 1.2 metres one side, 0.6 metres other side, or
B no minimum one side so long as on the other side:
(I) at least 1.2 metres interior side yard width is provided to
the nearest wall of a private garage, and
(II) at least 1.8 metres interior side yard width is provided to
any other wall of the main dwelling.
(v) FLANKAGE SIDE YARD WIDTH
(minimum):
(vi) REAR YARD DEPTH (minimum):
(vii) LOT COVERAGE (maximum):
(viii) BUILDING HEIGHT (maximum):
2.7metres
7.5metres
40 percent
12metres
(ix) DWELLING UNIT REQUIREMENTS: maximum one dwelling
unit per lot and minimum dwelling unit area of 100 square metres.
(x) PARKING REQUIREMENTS: minimum one private
gar. age 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 a street or abutting on a reserve on the opposite side of
which is a street.
(xi) SPECIAL REGULATION: the horizontal distance
between building on adjacent lots, except where such buildings are
attached in whole or in part, shall be not less than 1.2 metres
-7-
(5)
(a) Uses Permitted ("SA-2" Zone)
No person shall within the lands designated "SA-2" on Schedule I attached
hereto, use any lot or erect, alter or use any building except the following:
(i) single attached dwelling residential use
(b) Zone Requirements CSA-2" Zone)
No person shall within the lands designated "SA-2" 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):
180 square metres
6.0 metres
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
on adjacent lots are attached together, so long as every wall on such
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
B
1.2 metres measured perpendicularly to such side lot line if no
abutting side yard is provided on the abutting lot, or
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 UNIT REQUIREMENTS:
2.7 metres
7.5 metres
40 percent
12 metres
maximum one dwelling
unit 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 locatednot less than 6
metres from the front lot line.
(6) (a) Uses Permitted COS-HU' Zone)
No person shall within the land designated "OS-HL" on Schedule I attached
hereto, use any land for any purpose except the preservation and conservation
of the natural environment, soft and wildlife.
(b) Zone Requirements ("OS-HL" Zone)
No buildings or structures shall be permitted to be erected, nor any existing
buildings or structures be modified or changed, nor shall the placing or removal
of fill be permitted, except where buildings or structures are used only for
purposes of flood and erosion control.
BY-LAW 3036
(1) By-law 3036, as amended, is hereby further amended oni¥ to the extent necessary to
give effect to the provisions of this By-law as it apphes 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 By-law 3036, as
amended.
(2) By-law 3361/90is herebyrepealled.
-8-
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 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 (1), 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.
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.
READ A FIRSTAND SECOND TIME THIS 4th DAY OF February
,19.O..
READ A THIRD TIME AND PASSED THIS 4th DAY OF February
,1991.
MAYOR ./
WAYNE ARTHURS
BRUCE J. TAYLOR
TOWN OF
PIOKERING
APPROVED
AS TO FORM
LEGAL SERVICES
pLAN 40M - 1510 PLAN 40M - 1542
0S-HL
~ S3-2
CD
59 30£
0S-HL
110.8
PLAN 40R - 13232
NO6 16 OOE~
164
526
NOTE: ALL DIMENSIONS SHOWN ARE IN METRES
PAGE 1 OF 2
SCHEDULE I TO BY-LAW
PASSED THIS 4th
DAY OF Februa~ 1991
3640/91
PLAN 40M - 1542
NOTE:
ALL DIMENSIONS SHOWN ARE IN MI']'FRES
PAGE ;8 OF 2
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