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Home My WebLink AboutBy-law 3178/89 ~~ R 890424 Onta[io Commission dos a~akes municipa~os do I'Ontario~ ~ IN ~ ~ER OF Section 34 of the 5~P291989 Plannin~ Act, 1983 ~ IN ~ ~ER OF an appeal by ~Q~;~ Michael Teschner against Zoning By- law 3178/89 of the Corporation of the Town of Pickering BEFORE: C.G. CHARRON Member Tuesday, the 19th day and - of September, 1989 S.R. COLE Member THE APPEAL having been abandoned; THE BOARD ORDERS that the appeal against By-law 3178/89 is hereby dismissed. SECRETARY F0 0 No ................. SEP 2 7 1989 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 3178/89 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 22, Concession 2, in the Town of Picketing. (A 3t~/88; 18T-880t~0) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of detached residential dwelling units on the subject lands being Part of Lot 22, Concession 2, in the Town of Picketing; 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: 1. 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 22, Concession 2, Town of Picketing, designated "SI", "S2", and "S3", 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) "Dwellin~ Single or Single Dwelling" shall mean a dwelling containing one dwelling unit and uses accessory thereto; (d) "DwellinE~ Detached or Detached DwellinR" 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; (b) "Gross Floor Area"- Residential" shall mean the aggregate of the floor areas of ali storeys of a building or structure, or part thereof as the case may be, other than a private garage, an attic or a cellar; -2- (3) (al "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 Covera~;e" shall mean the percentage of lot area covered by ail 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; (3) (al "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 o[ 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; (el "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot fine or~ where there is no rear lot line the iunction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (fl "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; (gl "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; (il "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 o[ the nearest main building or structure on the lot; (j) "Interior Side Yard" shall mean a side yard other than a flankage side yard. 3. PROVISIONS (1) (al Uses Permitted ("SI", "S2" and "S3" Zones) No person shall within the lands designated "SI", '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 foltowing: (il detached dwelling residential uses -3- (b) Zone Requirements ("SI", "S2" and "S3" Zones) No person shall within the lands designated "SI", "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: (i) LOT AREA (minimum): A on the lands designated "Si": t~30 square metres B on the lands designated "S2": t~00 square metres C on the lands designated "S3": 330 square metres (ii) LOT FRONTAGE (minimum): A on the lands designated "Si": 13.0 metres B on the lands designated"S2": 13.3 metres C on the lands designated "S3": 12.0 metres (iii) FRONT YARD DEPTH (minimum): t~.5 metres (iv) INTER[OR 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): 7.3 metres (vii) LOT COVERAGE (maximum): 38 percent (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 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 not be less than 1.8 metres. 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 (l) 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 $i0,000 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 Js convicted under subsection (]), the maximum penalty that may be imposed is, (a) on a first conviction a fine of not more than $.~0,000; 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 (l), 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 e~lect ~rom the day o~ passing hereof subject to the approval of the Ontario Municipal Board, if required. READ A FIRST AND SECOND TIME THIS 19th DAY OF June , 1989. READ A THIRD TIME AND PASSED THIS 19th DAY OF June , 1989. MAYOR // WAYNE ARTHURS BRUCE J. TAYLOR TOWN OF' PICKERING APPROVED AS TO FORM LEGAL DEF~f. SCHEDULE I TO BY-LAW 3178/89 PASSED THIS 19th DAY OF June 1989 ~lAYOl~Wayn~ E. Art~s) ONTA.~Zo PROPERTY FINCH