HomeMy WebLinkAboutBy-law 4058/92 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 4053/$2
Being a By-law to amend Restricted Area ~Zoning) By-law 3036, as amended, to
implement the Official Plan of the Town of Plckering District Planning Area, Region
of Durham, in Part of Lot 33, Concession 1, in the Town of Picketing.
(A 35/84; 18T-84018)
WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to
permit the development of detached residential dwelling units and the protection of open
space hazard lands, including an existing day nursery, on the subject lands being Part of
Lot 33, Concession 1, in the Town of Picketing;
AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary;
NOW TIIEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKER1NG HEREBY ENACTS AS FOI.I OWS:
1. SCHEDULES I and H
Schedules I and II attached hereto with notations and references shown thereon are
hereby declared to be part of this By-law.
2. AREA RESTRICTED
The provisions of this By-law shall app? to those lands in Part o,f, Lot 33, Concession 1, in
the Town of Pickering, designated "S3', "OS-HL", and "OS-HL-2' 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) "Day Nursery" shall mean lands and premises duly licensed pursuant to the Day
Nurseries Act, or any successor thereto, for use as a facility for the daytime care of
children;
(2) (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 bein~g-occupied as a single, independent and separate housekeeping unit
containing a separate kitchen and samtary facilities;
(c) "Dwelline. Single or Single Dwelling" shall mean a dwelling containing one
dwelling~nit and uses accessory ther&o;
(d) "Dwelling. Detached or Detached Dwelling" shall mean a single dwelling which
is freestanding, separate and detached fro~ other main buildings or structures;
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(3) "Gro~s 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;
(4) (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;
" t r n "
(c) ~ 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;
(5) "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;
(6) (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 Yar0" 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
Lard of a lot between the front lot line and the nearest wall of the nearest main
uilding 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 iunction
point of the side lot lines, and the nearest wall of the nearest main budding 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 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
tankage 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. PROVISIONS
(1) (a) Uses Permitted ("SY' Zone)
No person shall within the lands designated "S3" 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
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(b) Zone Requirements ("S3" Zone)
No person shall within the lands designated "S3" 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): 350 square metres
(ii) LOT FRONTAGE (minimum): 12.0 metres
(iii) FRONT YARD DEPTH
(minimum) 4.5 metres
(iv) SIDE YARD WIDTH (minimum:
A minimum 1.2 metres each side, or
B minimum 1.8 metres one side and no minimum other side
(v) FLANKAGE SIDE YARD WIDTH (minimum):
2.7 metres
(vi) REAR YARD DEPTH (minimum): 7.5 metres
(vii) LOT COVERAGE (maximum): 38 per cent
(viii) BUILDING HEIGHT (maximum): 12 metres
(ix) DWELLING UNIT REQUIREMENTS: maximum one
dwelling unit per lot and minimum gross floor area-residential 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 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 this section
applies shall be not less than 1.8 metres.
(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 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.
(3) (a) Uses Permitted ("OS-HL-2" Zone)
No person shall within the lands designated "OS-HL-2" 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 Requirements ("OS-HL-2" Zone)
No buildings or structures shall b..e permitted to be erected, nor any existing
buildings or structures be modihed 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.
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(c) Speci01 Provisions ("OS-HL-2" Zone)
(i) Notwithstan,,ding the provisions of subsection 5(3)(a) hereof, the lands
designated 'OS-HL-2" on Schedule I attached hereto may be used for the
purpose of a day nursery.
(ii) Any building located on the lands designated "OS-HL-2" on Schedule I
attached hereto used solely for the purpose of a day nursery must be in
accordance with the standards and provisions of Schedule II attached
hereto.
6. BY-LAW
(1) 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 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) Section 17.4.2 of By-law 3036, as amended, is hereby revoked.
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
(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 FIRST AND SECOND TIME THIS 4th DAYOF August ,1992.
READ A THIRD T1ME AND PASSED THIS 4th DAY OF August ,1992.
MAYOlg/
..... WAYNE ARTHURS
TOWN OF
PICKEF~fNG
AS TO FORM 'CLERK
~ BRUCE J. TAYLOR
LEGAL DEPT.
SCHEDULE I TO BY-LAW 4058/92
PASSED THIS 4th
DAY OF August 1992
MAYOR
OS-HL-2 I
SCHEDULE II TO BY-LAW_ 4058/92
PASSED THIS 4th
DAY OF_ August 1992
MAYOR //
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SUBJECT
PROPERTY