HomeMy WebLinkAboutBy-law 2835/88 R 880487
R 880488
Ontario
Ontario Municipal Board
Commission des affaires municipales de I'Ontario
IN THE MATTER OF Section 34 of the
Planning Act, 1983
AND IN THE MATTER OF an appeal by~ 6~9~9_
Nugget Construction Co. Limited
against Zoning By-laws 2835/88 and
2833/88 of the Corporation of the Town ,~ ~:
of Pickering
BEFORE:
D. H. McROBB
Vice-Chairman
Thursday, the 29th day
- and -
of June, 1989
C. G. CHARRON
Member
THE BOARD ORDERS that its previous order made herein on the 29th day
of June, 1989, and entered in Order Book Number R88-2, at Folio 43,
on the 20th day of July, 1989, is hereby amended by deleting any
reference of "2836/88" therefrom and substituting "2833/88" therefor.
DATED at Toronto this 17th day of August, 1989.
SECRETARY
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R 880487
R 880488
Ontario
Ontario Municipal Board i~'~ [~ [~ [[ ~ ~
Commission des affaires municipales de I'Ontario
IN THE MA~PER OF Section 34 of the JUL2 ~t989
Planning Act, 1983
~OWN Ot= II~lI~
AND IN THE ~4ATTER OF an appeal by ~~
Nugget Construction Co. Limited
against Zoning By-laws 2835/88 and
2833/88 of the Corporation of the
Town of Pickering
BEFORE:
D.H. McROBB
Vice-Chairman
Thursday, the 29th day
- and -
of June, 1989
C.G. CHARRON
Member
THE APPEAL having been withdrawn;
THE BOARD ORDERS that the appeal against Zoning By-laws 2835/88 and
28~/88 are hereby dismissed.
~ SECRETARY
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 2835/88
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to
implement the Official Plan of the Town of Picketing District Planning Area, Region of
Durham, in Part of Lot 33, Concession 1, in the Town of Pickering. (A 20/84; 18T-84013)
WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to
permit the development of detached residential dwelling units and open space lands on the
subject lands being Part of Lot 33, Concession 1, in the ]'own of Pickering;
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:
I. SCHEDULE I
Schedule I attached hereto with notations and references shown thereon is hereby
declared to be part ol this By-law.
2. AREA RESTRICTED
The provisions of this By-law shall apply to those lands in Part of Lot 33, Concession 1, in
the Town of Picketing, designated "S2", "S3", and "OS-ItL" 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.
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~ 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) (b) "Gross Floor Area"- Residential" shall mean the aggregate of the floor areas of
all storeys of a t~uilding or structure, 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, regardless of whether or not such lot constitutes the whole of a lot
or block on a registered plan of subdivision;
-2 -
(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 7.3 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;
(3) (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, stFuctures, 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 oi 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;
/dj "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 wait oi the nearest main building or
structure on the lot;
(.i) "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 tbe 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;
th) "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 oi 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 ('S2" and 'S3" Zones)
No person shall within the lands designated 'S2' and '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
(b) Zone Requirements ("S2" and "S3" Zones)
No person shall within the lands designated "S2" and "S3" on Schedule I attached
hereto use any lot or erect, alter or use any building except in accordance with
the following provisions:
-3 -
(i) LOT AREA (minimum):
A on the lands designated "S2": #00 square metres
B on the lands designated "S3": 350 square metres
iii) LOT FRONTAGE, (minimum):
A on the lands designated "S2~: 13.5 metres
B on the lancls designated "S3": 12.0 metres
(iii) FRONT YARD DEPTH (minimum): #.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): 38per cent
(vii0 BUILDING HEIGHT (maximum): 12 metres
(ix) DWELLING UNIT REQUIREMENTS: maximum one dwelling unit
per lot and minimum gross floor area-residential ol 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 Iront lot line and not
less than 6.0 metres Iron 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.
(3) (a) Uses Permitted ("OS-HL" Zone)
No person shall within tile 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 ("O$-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.
6. BY-LAW
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 1
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
(b) on a subsequent conviction to a line 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 (l).
~'here 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 2nd DAY OF August , 1988.
READ A THIRD TIME AND PASSED THIS 2nd DAY OF August , 1988.
TOWN OF
PICKERING
APPROV£1)
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2835/88
SCHEDULE I TO BY- LAW ,
PASSED THIS 2nd
DAY OF' August ,1~8l~
SUBJECT
PROPERTY
V&LLEYVIEW
LANDCRE~T