HomeMy WebLinkAboutBy-law 1263/81THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 1263/81
Being a Restricted Area By-law to amend
Restricted Area By-law 3036, as amended,
to implement the Official Plan of the
Town of Pickering District Planning Area,
Region of Durham, in Part Lot 18,
Concession 1, in the Town of Pickering.
WHEREAS the Council of the Corporation of the Town of Pickering
deems it desirable to permit the development of single detached
dwellings, semi-detached dwellings, single attached dwellings,
churches, industrial buildings, a public school and a neighbourhood
park to occur on the subject lands;
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:
SCHEDULE "I"
Schedule "I" 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 shall apply to those lands
in Lot 18, Concession 1, Pickering, designated "S",
"S-SD", "SD-SA", "M1-3","ES", and "NP" 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,
a) "Business Office" shall mean a building or part of
a building in which one or more persons are employed
in the management, direction or conducting of a
business, a public or private agency, a brokerage,
or a labour or fraternal organization and may include
a bank, a telegraph office, a data processing
establishment, a newspaper publishing office, the
premises of a real estate or insurance agent, or a
radio or television broadcasting station and related
studios or theatres, but shall not include a retail
store.
b) "Coverage" or "Lot Coverage" shall mean the percentage
of lot area covered by all buildings on the lot.
c) "Dry Cleaning Establishment" shall mean a building or
part of a building used for dry cleaning and related
processes but does not include a laundromat.
continued...
Paqe 2
d) (i) "Dwell in " shall mean a building or part
of a bui ding containing one or more
dwelling units.
(ii) "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.
(iii) "Single Dwelling" shall mean a dwelling
containing one dwelling unit and uses
accessory thereto.
(iv) "Single Detached Dwelling" shall mean a
single dwelling which is reestanding,
separate and detached from other main
buildings or structures.
(v) "Semi-Detached Dwelling" shall mean one of
a pair of single dwellings, such dwellings
being attached together horizontally by
an above grade common wall.
(vi) "Singg le Attached Dwelling" shall mean one
a roup of not less than 3 and not more
than 6 single dwellings, adjacent dwellings
being attached together horizontally by
an above grade common wall.
e) (i) "Floor Area" shall mean the area of the
floor surface contained within the outside
walls of a storey or part of a storey.
(ii) "Gross Floor Area" shall mean the aggregate
of the f oor areas of all the 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.
"Dwelling Unit Area" shall mean the aggregate
of the floor areas of all habitable rooms
of a dwelling unit.
f) "Food Preparation Plant" shall mean a building
or part of a building in which processed food
products are cooked, baked, mixed, packaged
or otherwise prepared for distribution to
retail or institutional outlets.
g) "Lot" shall mean an area of land fronting on
a street which is used or intended to be used
as,
(i) the site of a building, a part of a
building, or a group of buildings, as
the case may be, together with any
accessory buildings or structures,
(ii) a parking lot, or
(iii) 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.
continued...
Page 3
h) "Lot Coverage" shall
of area covered by
i) "Lot Frontage" shall
between the side lot
line parallel to and
the front lot line.
mean the percentage of
all buildings on the lot.
mean the width of a lot
lines measured along a
7.5 metres distant from
j) (i) "Manufacturing Plant" shall mean a building
or part of a building in which is carried
on any activity or operation pertaining
to the making of any article, and which
shall include altering, assembling, repairing,
ornamenting, finishing, cleaning, polishing,
washing, packing, adapting for sale,
breaking up or demolishing the said article.
(ii) "Light Manufacturing Plant" shall mean a
manufacturing plant used for:
a) the production of apparel and finished
textile products other than the
production of synthetic fibres;
b) printing or duplicating;
c) the manufacture of finished paper and
applied products other than the
processing of wood pulp;
d) the production of cosmetics, drugs and
other pharmaceutical supplies; or
e) the manufacture of finished lumber
products, light metal products, electronic
products, plasticware, porcelain, earthen-
ware, glassware or similar articles,
including but not necessarily restricted
to, furniture, housewares, toys, musical
instruments, radios and electronic
components.
k) "Neighbourhood Park" shall mean a municipal
public park incTuding recreation uses and
buildings, and uses accessory thereto.
1) "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.
m) "Professional Office" shall mean a building or
part of a building in which medical, legal
or other professional service is performed
or consultation given and may include a clinic
and the offices of an architect, chartered
accountant, engineer, lawyer or physician
but shall not include a bodyrub parlour as
defined in The Municipal Act, R.S.O. 1970,
Chapter 284, or any successor thereto.
continued...
Page 4
n) "Public School" shall mean,
(i) a school under the jurisdiction of a
board of education which board is established
pursuant to The Education Act, 1974, or
any successor thereto;
(ii) a college of applied arts and technology
established pursuant to The Ministry of
Colleges and Universities Act, 1971, or
any successor thereto;
(iii) a university eligible to receive provincial
funding from the Minister of Colleges and
Universities, pursuant to The Ministry of
Colleges and Universities Act, 1971, or
any successor thereto.
o) "Scientific, Research or Medical Laboratory"
shall mean a building or part of a building
wherein scientific, research or medical
experiments or investigations are systematically
conducted, and where drugs, chemicals, glassware
or other substances or articles pertinent to
such experiments or investigations may be
manufactured or otherwise prepared for use on
the premises.
P) "Warehouse" shall mean a building or part of
a buil ing which is used primarily for the
housing, storage, adapting for sale, packaging,
or wholesale distribution of goods, wares,
merchandise, food-stuffs, substances, articles
or things, and includes the premises of a
warehouseman but shall not include a fuel
storage tank except as an accessory use.
q) (i) "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.
(ii) "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.
(iii) "Front Yard Depth" shall mean the shortest
orizontal 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.
(iv) "Rear Yard" shall mean a yard extending
across th'e_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.
continued...
Page 5
(v) "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.
(vi) "Side Yard" shall mean a yard of a lot
extending rom 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.
(vii) "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.
(viii) "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.
(ix) "Interior Side Yard" shall mean a side
yard other than a f ankage side yard.
5. PROVISIONS
5.A.1 Uses Permitted ("S" Zone)
No person shall within the lands designated "S"
on Schedule "I" hereto, use any lot or erect, alter
or use any building or structure for any purpose
except the following:
(a) single detached dwelling residential uses
5.A.2 Zone Requirements ("S" Zone)
No person shall within the lands designated "S"
on Schedule "I" hereto, use any lot or erect,
alter or use any building or structure except in
accordance with the following provisions:
(a) LOT AREA (minimum):
(b) LOT FRONTAGE (minimum):
(c) FRONT YARD DEPTH (minimum)
(d) INTERIOR SIDE YARD WIDTH
(minimum):
(e) FLANKAGE SIDE YARD WIDTH
(minimum):
(f) REAR YARD DEPTH (minimum):
400 square metres
13.5 metres
4.5 metres
1.2 metres
2.7 metres
7.5 metres
(g) DWELLING UNIT AREA (minimum): 100 square metres
(h) LOT COVERAGE (maximum): 38 percent
(i) BUILDING HEIGHT (maximum): 12 metres
continued.
Page 6
(j) DWELLING UNITS PER LOT: 1 only
(k) PARKING REQUIREMENTS PER LOT: minimum one (1)
private garage
per dwelling unit attached to the main building
and located not less than 6 metres from the
front lot line
5. B. 1 Uses Permitted ( "S-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:
(a) single detached dwelling residential uses
(b) semi-detached dwelling residential uses
5 . B . 2 Zone Requirements ( "S-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 except in accordance with the
following provisions:
(a) LOT AREA (minimum): 250 square metres
(b) LOT FRONTAGE (minimum): 9 metres
(c) FRONT YARD DEPTH (minimum): 4.5 metres
(d) INTERIOR SIDE YARD WIDTH
(minimum):
(i) for single detached dwellings: 1.2 metres on
one side, 0.6
metres on the other side
(ii) for semi-detached dwellings: 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 the common wall extending
along the side lot line, or is not a direct
extension thereof, shall be set back from the
side lot line separating such lots a minimum
of 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.
continued...
Page 7
(e) FLANKAGE SIDE YARD WIDTH
(minimum) :
(f) REAR YARD DEPTH (minimum):
(g) DWELLING UNIT AREA (minimum)
(h) LOT COVERAGE (maximum):
(i) BUILDING HEIGHT (maximum):
(j) DWELLING UNITS PER LOT:
2.7 metres
7.5 metres
100 square metres
38 percent
12 metres
1 only
(k) PARKING REQUIREMENTS PER LOT: minimum one (1)
private garage
per dwelling unit attached to the main building
and located not less than 6 metres from the
front lot line.
5.C.1 Uses Permitted ("SD - SA" Zone)
No person shall within the lands designated
"SD-SA" on Schedule "I" hereto, use any lot or
erect, alter or use any building or structure
for any purpose except the following:
(a) semi-detached dwelling residential uses
(b) single attached dwelling residential uses
5.C.2 Zone Requirements ("SD-SA" Zones)
No person shall within the lands designated
"SD-SA" on Schedule "I" hereto, use any lot or
erect, alter or use any building or structure
except in accordance with the following provisions:
(a) LOT AREA (minimum): 200 square metres
(b) LOT FRONTAGE (minimum): 6.7 metres
(c) FRONT YARD DEPTH (minimum): 4.5 metres
(d) INTERIOR SIDE YARD WIDTH
(minima): 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 a minimum
of 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
(e) FLANKAGE SIDE YARD WIDTH
(minimum): 2.7 metres
(f) REAR YARD DEPTH (minimum): 7.5 metres
continued...
Page 8
(g) DWELLING UNIT AREA (minimum)
(h) LOT COVERAGE (maximum):
(i) BUILDING HEIGHT (maximum):
(j) DWELLING UNITS PER LOT:
100 square metres
40 percent
12 metres
1 only
(k) PARKING REQUIREMENTS PER LOT: minimum one (1)
private garage
per dwelling unit attached tothe main building
and located not less than 6 metres from the
front lot line
5.D.1 Uses Permitted ("M1-3" Zone)
No person shall within the lands designated
"M1-3" on Schedule "I" hereto, use any lot or
erect, alter or use any building or structure
for any purpose except the following:
(a) business offices
(b) churches
(c) dry cleaning establishments
(d) food preparation plants
(e) light manufacturing plants
(f) professional offices
(g) scientific, research or medical laboratories
(h) warehouses
5.D.2 Zone Requirements ("M1-3" Zone)
No person shall within the lands designated
"M1-3" on Schedule "I" hereto, use any lot or
erect, alter or use any building or structure
except in accordance with the following provisions:
(a) LOT AREA (minimum):
(b) LOT FRONTAGE (minimum):
(c) FRONT YARD DEPTH (minimum)
(d) INTERIOR SIDE YARD WIDTH
(minimum):
(e) FLANKAGE SIDE YARD WIDTH
(minimum):
(f) REAR YARD DEPTH (minimum)
(g) LOT COVERAGE (maximum):
(h) BUILDING HEIGHT (maximum)
(i) OPEN STORAGE:
0.15 hectares
30 metres
12 metres
4.5 metres
12 metres
7.5 metres
50 percent
12 metres
No open storage
shall be permitted
in any yard
continued...
Page 9
5.E.1 Uses Permitted ("ES" Zone)
No person shall within the lands designated "ES"
on Schedule "I" hereto, use any lot or erect,
alter or use any building or structure for any
purpose except the following:
(a) public school and uses accessory thereto
(b) neighbourhood park
5.F.1 Uses Permitted ("NP" Zone)
No person shall within the lands designated
"NP" on Schedule "I" hereto, use any lot or
erect, alter or use any building or structure
for any purpose except the following:
(a) neighbourhood park
6. BY-LAW 3036
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 By-law 3036, as amended.
7. ENFORCEMENT
Any person who contravenes any of the provisons of
this By-law shall be liable upon conviction thereof
to a fine not exceeding $1,000.00 for each offence,
exclusive of costs, recoverable under The Provincial
Offences Act, 1979.
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 16th DAY OF March
READ A THIRD TIME AND PASSED THIS 16th DAY OF March
1981
1981
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SCHEDULE T TO BY-LAW 1263/81
PASSED THIS 16th
DAY OF March 198,
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CLERK