HomeMy WebLinkAboutBy-law 1975/85THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 1975/85
Being a Zoning 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, Part Lot 21, Concession 2
in the Town of Pickering. (A 59/80; 18T-79004)
WHEREAS the Council of the Corporation of the Town of Pickering
deems it desirable to permit the development of detached
dwellings, a commercial block, two public open space blocks
and a private open space block;
AND WHEREAS an amendment to By-law 3036, as amended, is
therefore deemed necessary;
NOW THEREFORE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACTS AS FOLLOWS:
SCHEDULE
Schedule "I" hereto with notations and
thereon are hereby declared to be part
references shown
of this By-law.
AREA RESTRICTED
The provisions of this By-law shall apply to those lands
in Part Lot 21, Concession 2, Pickerin§ designated "Sl",
"S2", "S3" "C4 2" and "G" . " .
, - , on Schedule "! 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)
"Business Office" shall mean a building or part of
~-building in which one or more persons are employed
in the management, direction or conducting of a
business, a public or private agency, a brokerage
or a labour or fraternal organization and may include
a financial institution, a telegraph office, a data
processing establishment, a newspaper publishing
office, the premises of a real estate or insurance
agent, or a radio or television broadcasting station
and related studios or theatres, but shall not
include a retail store.
(2)
"DKy Cleaning Depot" shall mean a building or part
of a building used for the purpose of receiving
articles, goods or fabrics to be subjected to dry
cleaning and related processes elsewhere, and of
distributing articles, goods or fabrics which have
been subjected to any such processes.
continued...
Page 2
(3)
(4)
(5)
(6)
(7)
(8)
(a)
"Dwelliqg" shall mean a building or part of a
building containing one or more dwelling units,
but does not include a mobile home or a 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
~ single dwelling which is freestanding, separate
and detached from other main buildings or structures.
(d)
]Dwelling Single or
dwelling containing
accessory thereto.
Single Dwelling" shall mean
one dwelling unit and uses
(a)
"Floor Area" 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" shall mean the aggregate of
the floor areas of all the storeys of a building
or structure, or part thereof as the case may be,
other than a private garage, an attic or a cellar.
"D
(c) _._welling Unit Area" shall mean the aggregate of
the floor areas of all habitable rooms of a
dwelling unit.
"Laundromat" shall mean a self-serve clothes washing
establishment containing washing, drying, ironing,
finishing or other incidental equipment.
(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 Covergge" shall mean the percentage of lot area
~overed by all buildings on the lot.
(c) "Lot ~rontage" 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.
"Neighbourhood Store" shall mean a retail store having a
gross floor area of not more than 400 square metres in
which food, drugs, periodicals or similar items of day-
to-day household necessity are kept for retail sale
primarily to residents of, or persons employed in the
immediate neighbourhood.
"Personal Service Shop" shall mean an establishment
where a personal service is performed and may include
a barber shop, a beauty salon, a shoe repair shop, a
tailor or dressmaking shop or a photographic studio,
but shall not include a bodyrub parlour as defined in
The Municipal Act, R.S.O. 1980, Chapter 302, as amended
from time to time or any successor thereto.
continued...
Page 3
(9
(10
(11
"Professional Office" shall mean a building or part
of a building in which medical, legal or other
professional service is performed or consultation
given and which may include a clinic, the offices
of an architect, a chartered accountant, an engineer,
a lawyer or a physician but shall not include a
bodyrub parlour as defined in The Municipal Act,
R.S.O. 1980, Chapter 302, as amended from time to
time, or any successor thereto.
"Private Garage" shall mean an enclosed or partially
~--~closed 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.
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)
"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
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
building or structure on the lot.
"Flankage Side Yard" shall mean the 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.
continued...
Page 4
PROVISIONS
(1)(a Uses Permitted ("S1", "S2" and "S3" Zones)
No person shall within the lands designated "S1",
"S2" and "S3" on Schedule "I" hereto, use any lot
or erect, alter or use any building or structure
for any purpose except the following use:
'(i) detached dwelling residential use
(b
Zone Requirements ("Sl", "S2" and "S3" Zones)
No person shall within the lands designated "S1",
"S2" and "S3" on Schedule "I" hereto, use any lot
or erect, alter or use any building or structure
except in accordance with the following provisions:
(i) LOT AREA (minimum):
A on lands designated "S1": 450 square metres
B on lands designated "S2": 400 square metres
C on lands designated "S3": 350 square metres
(ii) LOT FRONTAGE (minimum):
A on lands designated "S1": 15.0 metres
B on lands designated "S2": 13.5 metres
C on lands designated "S3": 12.0 metres
iii) FRONT YARD DEPTH (minimum): 4.5 metres
{iv) INTERIOR SIDE YARD WIDTH:
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
except that in the case of
a corner lot flanking on Valley Farm Road the
minimum flankage side yard shall be 7.5 metres.
(vi) REAR YARD DEPTH (minimum): 7.5 metres
vii) LOT COVERAGE (maximum):
38 percent
viii) BUILDING HEIGHT (maximum): 12 metres
(ix) DWELLING UNIT REQUIREMENTS:
A maximum one dwelling unit per lot
B minimum dwelling unit area 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.
(xi)
SPECIAL REGULATIONS: the horizontal distance
between buildings on adjacent lots shall be not less
than 1.8 metres.
continued...
Page $
(e)
Uses Permitted ("C4-2" Zone)
No person shall wtthtn the lands designated "C4-2"
on Schedule "I" hereto use any lot or erect, alter
or use any building or structure for any purpose
except the following:
(i) business office subject to
section 5.(2)(b)(x)
(ii) dry cleaning depot
(iii) laundromat
(iv) neighbourhood store
(v) personal service shop
(vi) professional office subject to
of Section 5.(2)(b)(x)
the provisions of
the provisions
(b) Zone Requirements ("C4-2" Zone}
No person shall within the lands designated "C4-2" on
Schedule "I" hereto use any lot or erect, alter or
use any building or structure except in accordance
with the following provisions:
(i) LOT AREA (minimum): 0.4 hectares
(ii) LOT FRONTAGE (minimum): 45 metres
(iii) FRONT YARD DEPTH
(minimum): 12 metres
(iv) INTERIOR SIDE YARD
WIDTH (minimum):
(v) FLANKAGE SIDE YARD
WIDTH (minimum):
7.5 metres
12 metres
(vi) REAR YARD DEPTH
(minimum): 7.5 metres
(vii) LOT COVERAGE (maximum): 33 percent
(viii) BUILDING HEIGHT
(maximum):
12 metres
(ix) PARKING REQUIREHENTS:
A
For the purpose of this clause "parking space"
shall mean a useable and accessible area of not
less than 15.95 square metres, for the temporar~
parking of a vehicle, but shall not include any
portion of a parking aisle or driveway.
B
There shall be provided and maintained on the
subject lands a minimum 4.5 parking spaces for
each g3 square metres or part thereof gross
floor area.
C
D
E
Section 5.21.2b) of By-law 3036, as amended,
shall not apply to the lands designated "C4-2"
on Schedule "I" attached hereto.
All parking areas shall be set back a minimum
of 3 metres from all lot lines.
Notwithstanding Section 5.21.2g) of By-law 3036,
as amended, all parking areas shall be paved.
continued...
Page 6
SPECIAL RESIRICTIONS
A The gross floor area of all buildings on the
lot shall not exceed 500 square metres.
B The gross floor area of all professional
and business offices on the lot shall not
exceed 200 square metres.
(3}{a) Uses Permitted ("G" Zone)
No person shall within the lands designated
"G" on Schedule "I" attached hereto, use any
lot or erect, alter or use any building or
structure for any purpose except:
{i} greenbelt-conservation uses in accordance
with Section 17 of By-law 3036, as amended.
6. BY-LAW 3036
(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 applies to the area
set out in Schedule "I" attached hereto.
(2)
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
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),
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 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 any 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.
continued...
Page 7
8. EFFECTIVE DATE
This By-law sha. ll take effect
hereof subject to the approval
Board, if required.
from the day of passing
of the Ontario Municipal
READ A FIRST AND SECOND TIME THIS 18th DAY OF February , 1985
READ A THIRD TIME AND PASSED THIS 1Bth DAY DF February , 1985
CLERK
THIRD CONCISION gO~O
[-
G
S2
S3
S3
S3
S3
48.0
SCHEDULE T TO BY-LAW ].9'75/85
Page I of ?-.
G
C4'2
S3
S3
G
S3
SCHEDULE 'I'TOBY-LAW
PASSED THIS 18tn
DAY O~ February 1985
1975/85
FINCH
.S1
SUSJ£C l'