HomeMy WebLinkAboutBy-law 2325/86THE CORPORATION OF THE TOWN OF PICKERING
BY-LA~ NUMBER 2325/86
Being a By-law to amend Restricted Area (Zoning)
By-law 3037, as amended, to implement the Official
Plan of the Town of Pickering District Planning
Area, Region of Durham, in Part of Lot 19,
Concession 8, in the Town of Pickering.
(A 43/85; 187-85027)
WHEREAS the Council of the Corporation of the Town of Pickering
deems it desirable to permit the development of detached
dwellings to occur on the subject lands being Part of Lot 19,
Concession 8, in the Town of Pickering;
AND %{HEREAS an amendment to By-law 3037, as amended, is therefore
deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING
HEREBY ENACTS AS FOLLOWS:
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 Lot 19, Concession 8, Town of Pickering, designated
"R6" and "0S-HL" 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. 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)
"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, ~in~l? or Single Dwelling" shall mean a
dwelling containing one dwelling unit and uses
accessory thereto;
(2)
(3)
(4)
(5)
(d)
"Dwelling, Detached or Detached Dwelling" shall mean
a single dwelling which is freestanding, separate
and detached from other main buildings or structures;
(a)
"Floor Area-Residential" shall mean the area of the
surface contained within the outside walls of a
storey or part of a storey;
floor
(b)
"Gross Floor Area-Residential" shall mean the aggregate of
the floor areas of all storeys of a building or structure,
or a 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
~ 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;
"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 the nearest main building
or structure on the lot;
(g)
(i)
(j)
"Side Yard %~idth" shall mean the shortest horizontal
dimension of a side yard of a lot between the side lot
line and the nearest main wall of the nearest main
building or structure on the lot;
"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;
"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 main wall of the nearest main
building or structure on the lot;
"Interior Side Yard" shall mean a side yard other than a
flankage side yard;
5. PROVISIONS
(1) (a) Uses Permitted ("R6" Zone)
No person shall within the lands designated "R6"
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
(b) Zone Requirements ("R6" Zone)
No person shall within the lands designated "R6"
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): 3000 square
(ii) LOT FRONTAGE (minimum): 22 metres
(iii) FRONT YARD DEPTH (minimum): 9.0 ~etres
(iv) SIDE YARD WIDTH (minimum): 1.8 metres
(v) FLANKAGE SIDE YARD WIDTH
(minimum): 2.7 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 one dwelling unit per lot
B minimum gross floor area-residential
95 square metres
metres
4
(c) Exception ("R6" Zone)
A
Despite the provisions of Section 5(1)(b)(iii)
for so long as the only detached dwelling located
on the lands hatched on Schedule "I" hereto is
the detached dwelling located thereon on
November 3, 1986, the minimum front yard depth
of those lands shall be 3.0 metres.
B
No extension, enlargement or replacement of the
detached dwelling located on the lands hatched
on Schedule "I" hereto shall be permitted unless
the minimum front yard depth of those lands will
be 3.0 metres after the extension, enlargement
or replacement occurs.
(2) (a) Uses Permitted ("OS-HL" Zone)
No person shall within the lands designated "OS-HL"
on Schedule "I" attached hereto, use any land for any
purpose except the preservation and conservation of
the natural environment, soil and wildlife.
(b) Zone Requirements ("0S-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 or a culvert for access.
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 "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 3037, as amended.
7. ENFORCEMEN~
(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) ¥~ere 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).
5
(3) %~ere 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 FIRST AND SECOND TIME THIS 3rd DAY OF November , 1986.
READ A THIRD TIME AND PASSED THIS
3rd
DAY OF November
TOWN OF
PICKERING
APPROV£D
LEGAL DEPT.
A
P~RT 5,
R6
STREET
- I
~ ~,LL DQ~ENSIA~ ~ ~ ~ METRES
SCHEDULE 'I" TO BY-LAW
PASSED Tt4S 3rd
DAY OF November 198~
2325/86
/CLERK /
L_
Ontario
Ontario Municipal Board
IN THE I~ATTER OF Section 34 of the
Planning Act, 1983
AND IN THE )lATTER OF appeals by Jack
Redshaw and John H. Marks against
Zoning By-law 2325/86 of The
Corporation of the Town of Pickering
R 860592
BEFORE:
P.M. BROOKS
Vice-Chairman
- and -
G.A. HAR ROlt
Member
Wednesday, the 4th day
of March, 1987
THE APPEALS against By-law 2325/86 having been withdrawn;
THE BOARD ORDERS that the appeals are hereby dismissed.
k
SECRETARY