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HomeMy WebLinkAboutBy-law 3640/91THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 3640/91 Being a By-law to amend Restricted Area (Zoning)By-law 3036, as amended, to implement the Official Plan of the Town of Pickerinl~District Planning Area, Region of Durham in Part of Lot 20 and Part of Lot 21, Concession 2, in the Town of Picketing. {A 18/90; 18T-88077(R)} WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of detached residenital units, semi-detached residential units and single attached residential units to occur on the subject lands being Part of Lot 20, and Part of Lot 21, Concession 2 in the Town of Pickering; AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW qllEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOII OWS: SCHEDULE I AND H Schedule I and II attached hereto with notations and references shown thereon are hereby declared to be part of this By-law. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 20 and Part of Lot 21, Concession 2, Picketing, designated "SI", "S1-2", "SI-Y', "S2", "S2-2", "SY', "S3-2", "S4", S-5, SD-A, S-SD, SA-2 and OS-HL, 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, (1) (a) ~ 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 bein~ occupied as a single, independent an.d separate housekeeping unit contaimng a separate kitchen and sanitary facilit:es; (c) "Dwelling, Single or Single Dwelling" shall mean a dwelling containing one dwelling unit and uses accessory thereto; (d) "Dwelline. Detached or Detached Dwelling" shall mean a single dwelling which is-freestanding, separate and detachid from other main buildings or structures; (e) "Dwelline. Semi-Detached or Semi-Detached Dwelling" shall mean one of a pair of s£ngle dwellings, such dwellings being attached together horizontally in whole or in part above grade, below grade, or both above and below grade; (0 "Single Attached Dwelling" shall mean one of a group of not less than three single adjacent dwelling units, attached together horizontally by an above grade common wall; -2- (2) (3) (4) (5) (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 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; (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; (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; (a) "Yar{J" 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) "Rcgr 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 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 Yar0" 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 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. -3- PROVISIONS (1) (a) Uses Permitted ("SI", "S1-2", "S1-3", "S2", "S2-2", "S3" and "S3-2" Zone) No person shall within the lands designated "SI", "S1-2", "S1-3", "S2", "S2-2", "SY' and "S3-2" 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 ("SI", "S1-2", "S1-3", "S2", "S2-2", "S3" and "S3-2"Zone) No person shall within the lands designated "SI", "S1-2", "S1-3", "S2", "S2-2", "S3" and "S3-2" 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 lands designated "SI", "S1-2", "S1-3" - 450 square metres B on lands designated "S2" and "S2-2" - 400 square metres C on lands designated "S3" and "S3-2" - 350 square metres (ii) LOT FRONTAGE (minimum): A on lands designated "SI", "S1-2", "S1-3" B on lands designated "S2" and "S2-2" C on lands designated "S3" and "S3-2" (iii) FRONT YARD DEPTH (minimum): A on lands designated "SI", "S2" and "S3" B on lands designated "S1-2", "S1-3", "S2-2" and "S3-2" - 15.0metres - 13.5metres - 12.0metres - 4.5 metres - 4.0 metres (iv) INTERIOR SIDE YARD WIDTH (minimum): (v) (vi) A minimum 1.2 metres each side, or B minimum 1.8 metres one side and no minimum other side except that in the case of a lot abutting on a reserve on the opposite side of which is Valley Farm Road, the minimum interior side yard width shall be 7.5 metres. FLANKAGE SIDE YARD WIDTH (minimum): 2.7metres REAR YARD DEPTH (minimum): A on lands designated "Si", S2" and "S3" - 7.5 metres B on lands designated "S1-2", "S 1-3", "S2-2" and "S3-2" - 7.5 metres C for the purposes of this provision, despite section 2.46 c) ii) of By-law 3036, the term rear lot hne, for any lot any part of which is located in the "OS-HL" designation, shall be deemed to be the boundary on that lot between the "OS-HL" zone designation and the abutting "S1-2", "S1-3", "S2-2" or "S3-2" designation (2) (a) (b) -4- (vii) LOT COVERAGE (maximum): - 38 percent (viii) BUILDING HEIGHT (maximum): - 12 metres (ix) DWELLING UNIT REQUIREMENTS: - maximum one dwelling unit per lot and minimum dwelling unit area 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 lin? immediately adjoining a street 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 the section applies shall not be less than 1.8 metres. Uses Permitted CS4" and "S5" Zone) No person shall within the lands designated "S4" and 'S5" 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 Zone Requirements CS4" and "S5" Zone) No person shall within the lands designated "S4" 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 lands designated "S4" - 300 square metres B on lands designated "S5" - 250 square metres (ii) LOT FRONTAGE (minimum): A on lands designated "S4" - 10 metres B on lands designated "S5" - 9 metres (iii) FRONT YARD DEPTH (minimum): - 4.5 metres (iv) INTERIOR SIDE YARD WIDTH: A minimum 1.2 metres one side, 0.6 metres other side, or B No minimum one side so long as on the other side: at least 1.2 metres interior side yard width is provided to the nearest wall of a private garage, and at least 1.8 metres interior side yard width is provided to any other wall of the main dwelling. (I) (II) (v) FLANKAGE SIDE YARD WIDTH (minimum): - 2.7 metres (vi) REAR YARD DEPTH (minimum): - 7.5 metres (vii) LOT COVERAGE (maximum): A on lands designated "S4" B on lands designated "S5' - 38 percent - 40 percent -5- (viii) DWELLING UNIT REQUIREMENTS: - maximum one dwelling unit per lot and minimum gross floor area-residenital of 100 square metres 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 a street or abutting on a reserve on the opposite side of which is a street. (x) SPECIAL REGULATIONS: - the horizontal distance between building on adjacent lots shall not be less than 1.2 metres. (3) (a) Uses Permitted ("SD-A" Zone) No person shall within the lands designated "SD-A" on Schedule I attached hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) semi-detached dwelling residential use (b) Zone Requirements ("SD-A" Zone) No person shall within the lands designated "SD-A" 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): (ii) LOT FRONTAGE (minimum): (iii)FRONT YARD DEPTH (minimum): 225 square metres 7.5 metres 4.5 metres (iv) INTERIOR SIDE YARD WIDTH: 1.2 metre except that no interior side yard shall be provided on the side where dwellings are attached together, so long as every 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 as follows: A 1.2 m. etres measured perpendicularly to such side lot line if no abutting side yard is prowded on the abutting lot or, B 0.6 metres measured pe~endicularly to such side lot line if an abutting side yard is provided on the abutting lot; (v) FLANKAGE SIDE YARD WIDTH (minimum): (vi) REAR YARD DEPTH (minimum): (vii) LOT COVERAGE (maximum): (viii) BUILDING HEIGHT (maximum): 2.7 metres 7.5 metres 40 percent 12 metres (ix) DWELLING UNIT REQUIREMENTS: minimum onem dwelling unit per lot and minimum dwelling unit area 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 a street or abutting on a reserve on the opposite side of which is a street. (4) (a) (b) -6- (xi) SPECIAL REGULATION: A the horizontal distance between building on adjacent lots, except where such buildings are attached in whole or in part, shall be not less than 1.2 metres B despite the definition of "Dwelling, Semi-Detached or Semi-Detached Dwelling" in Section 4.(1)(e), Semi-Detached Dwellings erected in an "SD-A" zone shall be attached above ~erade by a common wall which shall be not less than 3 metres in ngth and not less than 2.4 metres in height. Uses Permitted CS-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: (i) detached dwelling residential use (ii) semi-detached dwelling residential use Zone Requirements CS-SD" zone) No person shall within the lands designated "S-SD" 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): 225 square metres (ii) LOT FRONTAGE (minimum): 7.5 metres (iii)FRONT YARD DEPTH (minimum): 4.5 metres (iv)INTERIOR SIDE YARD WIDTH: A minimum 1.2 metres one side, 0.6 metres other side, or B no minimum one side so long as on the other side: (I) at least 1.2 metres interior side yard width is provided to the nearest wall of a private garage, and (II) at least 1.8 metres interior side yard width is provided to any other wall of the main dwelling. (v) FLANKAGE SIDE YARD WIDTH (minimum): (vi) REAR YARD DEPTH (minimum): (vii) LOT COVERAGE (maximum): (viii) BUILDING HEIGHT (maximum): 2.7metres 7.5metres 40 percent 12metres (ix) DWELLING UNIT REQUIREMENTS: maximum one dwelling unit per lot and minimum dwelling unit area of 100 square metres. (x) PARKING REQUIREMENTS: minimum one private gar. age 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 a street or abutting on a reserve on the opposite side of which is a street. (xi) SPECIAL REGULATION: the horizontal distance between building on adjacent lots, except where such buildings are attached in whole or in part, shall be not less than 1.2 metres -7- (5) (a) Uses Permitted ("SA-2" Zone) No person shall within the lands designated "SA-2" on Schedule I attached hereto, use any lot or erect, alter or use any building except the following: (i) single attached dwelling residential use (b) Zone Requirements CSA-2" Zone) No person shall within the lands designated "SA-2" 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): (ii) LOT FRONTAGE (minimum): (iii)FRONT YARD DEPTH (minimum): 180 square metres 6.0 metres 4.5 metres (iv) INTERIOR SIDE YARD WIDTH: minimum 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 as follows: A B 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. (v) FLANKAGE SIDE YARD WIDTH (minimum): (vi) REAR YARD DEPTH (minimum): (vii) LOT COVERAGE (maximum): (viii) BUILDING HEIGHT (maximum): (ix) DWELLING UNIT REQUIREMENTS: 2.7 metres 7.5 metres 40 percent 12 metres maximum one dwelling unit per lot and minimum dwelling unit area of 100 square metres. (x) PARKING REQUIREMENTS: minimum one private garage per lot attached to the main building and locatednot less than 6 metres from the front lot line. (6) (a) Uses Permitted COS-HU' Zone) No person shall within the land designated "OS-HL" on Schedule I attached hereto, use any land for any purpose except the preservation and conservation of the natural environment, soft 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. BY-LAW 3036 (1) By-law 3036, as amended, is hereby further amended oni¥ 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) By-law 3361/90is herebyrepealled. -8- 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 FIRSTAND SECOND TIME THIS 4th DAY OF February ,19.O.. READ A THIRD TIME AND PASSED THIS 4th DAY OF February ,1991. MAYOR ./ WAYNE ARTHURS BRUCE J. TAYLOR TOWN OF PIOKERING APPROVED AS TO FORM LEGAL SERVICES pLAN 40M - 1510 PLAN 40M - 1542 0S-HL ~ S3-2 CD 59 30£ 0S-HL 110.8 PLAN 40R - 13232 NO6 16 OOE~ 164 526 NOTE: ALL DIMENSIONS SHOWN ARE IN METRES PAGE 1 OF 2 SCHEDULE I TO BY-LAW PASSED THIS 4th DAY OF Februa~ 1991 3640/91 PLAN 40M - 1542 NOTE: ALL DIMENSIONS SHOWN ARE IN MI']'FRES PAGE ;8 OF 2 COURT COURT SUBJEC~ Ro~. PROPERTY