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HomeMy WebLinkAboutBy-law 2209/86Ontario Ontario Municipal Board R 860319 IN THE ~ATTER OF Section 39 of the Planning Act, (R.S.O. 1980, c. 379), AND IN THE I~ATTER OF an application by The Corporation of the Town of Pickering for approval of its Restricted Area By-law 2209/86 BEFORE: A.B. BALL Member - and - G.M. HOBART Member Wednesday, the 24th day of September, 1986 THIS APPLICATION having come on for public hearing and after the hearing the council of the applicant corporation having on the 6th day of October, 1986, passed By-law 2315/86 amending By-law 2209/86 and incorporating certain recommendations of the Board, and having caused a certified copy thereof to be filed and the Board having dispensed with notice and hearing in respect of By-law 2315/86; THE BOARD ORDERS that By-law 2209/86 as amended by By-law 2315/86 is hereby approved. sECRETARY THE CORPORATION OP THE TONN OP PICKERING BY-LAN NUMBER 2209/86 Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the Town of Picketing District Planning Area, Region of Durham, Part Lot 19, Concession 8, in the Town of Picketing. (A 6/82(R); 18T-79033(R)) WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to permit the development of detached dwellings to occur on the subject lands being Part Lot 19, Concesion 8, in the Town of Picketing; AND WHEREAS an amendment to By-law 3037, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL 0F THE COHPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 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 Lot 19, Concession 8, Town of Picketing, designated "R6" 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. DEPINITIONS In this By-law, (4) (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, Detached or Detached Dwelling" shall mean a single dwelling which is freestanding, separate and detached from other main buildings or structures; (2) (a) "Floor Area Residential" surface contained within part o£ a storey; shall mean the area of the floor the outside walls of a storey or continued... 2 (4) (b) "Gross Floor Area Residential" shall mean the aggregate of the floor areas of all 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; (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) "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; (e) "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) "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; (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 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 main wall of the nearest main building or structure on the lot; continued... 3 (h) "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; (i) "Interior Side Yard" shall mean a side yard other than a flankage side yard; 5. PROVISIONS (1) (a) (b) (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) Uses Permitted ("R6" Zone) No person shall within the lands designated "R6" 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 uses. Zone ReQuirements ("R6" Zone) No person shall within the lands designated "R6" on Schedule "I" attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: LOT AREA (minimum): LOT FRONTAGE (minimum): FRONT YARD DEPTH (minimum): SIDE YARD WIDTH (minimum): FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres REAR YARD DEPTH (minimum): 9.0 metres LOT COVERAGE (maximum): 20 percent BUILDING HEIGHT (maximum): 12 metres DWELLING UNIT REQUIREMENTS: A maximum one dwelling unit per lot Bminimum gross floor area-residential 95 square metres (x) SPECIAL RESTRICTION: no buildings or structures shall be erected within 10 metres of the Trans Canada Pipeline Easement 3000 square metres 22 metres 9.0 metres 1.8 metres 6. BY-LAW 3037 By-law 3037, 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 3037, as amended. continued... 4 7- ENPORCEMENT (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). 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 PIRST AND SECOND TI~E THIS 5th DAY 0P May , 1986. READ A THIRD TIME AND PASSED THIS 5th DAY OF May , 1986. PICKERING APPROVED CENTRAL STREET L f L_/ R6 R6 P~RT 5 ~ PART ACORN LANE ALL DIMENSIONS SHOWN ARE IN METRES SCHEDULE 'I'TO BY-LAW 2209/86 PASSED THIS 5th DAY OF Hay 1986 /~AYOR (Joh,n E. Anderson) CLERK (Bruce d. T~lor) · SUBJECT PROPERTY STR[ET r� SCHEDULE 2(i) The purpose and effect of this by-law is to permit the devel- opment of detached dwellings to occur on the subject property Schedule 3 STATEMENT OF CONFORMITY TO THE OFFICIAL PLAN FOR THE REGIONAL MUNICIPALITY OF DURHAM I , Mofeed Michael , the Chief Planning Officer of The Regional Municipality of Durham , have reviewed By-law 2209-86 of the Town of Pickering . I am of the opinion that this By-law is in conformity with the Official Plan in effect for the Durham Planning Area . Dated this 14th day of May, 1986. Dr . M. Michael , M . C . I . P . Commissioner of Planning This Schedule 3 is issued to the Town of Pickering for By-law 2209-86 pursuant to Ontario Regulation 78/80 , a regulation made under the Planning Act .