HomeMy WebLinkAboutBy-law 3678/91THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 3678/91
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 Part of Lot 27, Concession 2, in the Town of Picketing.
(A 25/89; 18T-89054)
Wl lEREAS the Council of the Corporation of the Town of Pickering deems it desirable to
lie rmit the development of detached residential dwellings on Part of Lot 27, Concession 2;
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
IqCKERING HEREBY ENACTS AS FOLLOWS:
SCHEDULE I
Schedules I attached hereto with notations and references shown thereon is hereby
declared to be part of this By-law.
AREA RESTRICTED
The provisions of this By-law shal!,a,p.p!y to !,hose lands in Part of Lot 27, Concession 2, in
the Town of Picketing, designated SI, R3-2 and "OS-HL" on Schedule I attached hereto.
3. GENERAL PROVISIONS
No buil,?ng, 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 By-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) "Dwelline Unit" shall mean one or more habitable rooms occupied or capable of
being..o~cupied as a single, independent and separate housekeeping unit
contmmng a separate kitchen and sanitary facilities;
(c) "Dwelling, Single or Single Dwelling" shall mean a dwelling containing one
dwelling unit and uses accessory thereto;
(d) "Dwelling, Detached or Detached Dwelling" shall mean a single dwelling which
is freestanding, separate and detached from other main buildings or structures;
(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;
all storeys of... y oa buildin~ )r strua u a g o s cture, 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, resardless 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.
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(4)
(5)
(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)
"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;
(0
"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) "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.
PROVISIONS
(1) (a) Uses Permitted ("R3-2" and "SI" Zones)
No person shall within the lands designated "R3-2" and "SI" 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 ("R3-2" and "SI" Zones)
No person shall within the lands designated "R3-2" and "SI" on Schedule 1
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 "R3-2": 550 square metres
B on lands designated "SI": 450 square metres
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(ii) LOT FRONTAGE (minimum):
A on lands designated "R3-2":
B on lands designated "SI":
(iii) FRONT YARD DEPTH (minimum):
(iv) INTERIOR SIDE YARD WIDTH (minimum):
A on lands designated "R3-2":
B on lands designated "SI":
(v)
(vi)
(vii)
(viii)
(ix)
(x)
18metres
15metres
4.5metres
REAR YARD DEPTH (minimum):
A on lands designated "R3-2":
B on lands designated "SI":
LOT COVERAGE (maximum):
BUILDING HEIGHT (maximum):
DWELLING UNIT REQUIREMENTS:
10metres
7.5metres
38 percent
12metres
maximum one dwelling unit
per lot and minimum gross floor area-residential 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 or
abutting a street or a reserve on the opposite side of which is a street
(xi) SPECIAL REGULATIONS:
A the horizontal distance between buildings on adjacent lots shall not be
less than 1.8 metres;
B
despite the provisions of Section 5.(1)(a)(i) above, the area diagonally
hatched on Schedule I attached hereto shall only. be used for tree
preservation and conservation purposes, and no buddings or structures
of any kind, including accessory buildings, but excluding fences along
the lot lines, shall be erected; and no swimming pools, tennis courts or
like recreational facilities shall be permitted;
C
despite the provisions of subclause (vi) above, no building or structure
shall be located closer than 6.0 metres to the nearest limit of the area
diagonally hatched, or to the area designated "OS-HL" on Schedule I
attached hereto.
(2) (a) Uses Permitted ("OS-HL" Zone)
No person shall within the lands designated "OS-HL" on Schedule I
attached hereto use any lot or erect, alter or use any building or structure
for any purpose except the preservation and conservation of the natural
environment, soil and wildlife.
(b) Zone Requirement ("OS-HL" Zone)
No buildings or structures shall be permitted to be erected, nor any
existing braidings 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.
minimum 1.2 metres each side, or
minimum 1.8 metres one side and no minimum other side
FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres
1.8 metres
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BY-LAW 3036
By-law 3036, as am. ended, 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 By-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
(2)
(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 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.
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 18th DAY OF March
,1991.
I~,EAD A THIRD TIME AND PASSED THIS 18th DAY OF March
,1991.
MAYOR../
TOWN OF
APPROV£~3
AS TO FOPJv~
LEC~L DEPt.
N20
R3-2
Note: All dimensions shown ore in metres
SCHEDULE I TO BY-LAW
PASSED THIS lSth
March
DAY OF 1991
3678/91
SUBJECT
PROPERTY
FINCH