HomeMy WebLinkAboutBy-law 1976/85THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 1976/85
Being a Zoning By-law to amend Restricted
Area By-law 3036, as amended, to implement
the Official Plan of the Town of Picketing
District Planning Area, Region of Durham,
in Part Lot 19, Concession 2, in the Town
of Picketing. (A 12/82(R); 18T-82016(R))
WHEREAS the Council of the Corporation of the Town of Picketing
deems it desirable to permit the development of detached dwellings, a
public school and a community park to occur on the subject lands being
Part Lot 19, Concession 2.
AND WHEREAS the 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 "I"
Schedule "I" attached hereto with notations and references
thereon is hereby declared to be part of this By-law.
shown
AREA RESTRICTED
The provisions of this By-law shall apply to those lands in Lot
19, Concession 2, Picketing, designated "S1", "S2", "S3", S4",
"ES" and "CP" 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) "Community Park" shall mean a municipal public park.
(2)
(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)
~Dwelliqg Unit" shall mean one or more habitable rooms
occupied or capable of being occupied as a single,
independent and separate housekeeping unit containing
separate kitchen and sanitary facilities.
(c) . ln.g)..Si.n~le or Single Dwelling shall mean a
d'w J_ ing contai'ni'ng 'on'e 'dwelling 'unit and uses accessory
thereto.
(d) "Dwellin. g~ Detached or Detached Dwelling" shall mean a
single dwelling which is freestanding, separate and
detached from other main buildings or structures.
(3)(a)
(b)
(c)
(5)
Page 2
"Floor Area" shall mean the area of the floor surface
contained within the outside walls of a storey or part
a storey.
of
"Gross Floor Area" shall mean the aggregate of the floor
areas of all the 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.
.l~.~welling Unit Area" shall mean the aggregate of the floor
areas of ~11 habitable rooms of a dwelling unit.
"Lot" shall mean an area of land fronting on a street
w~ 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 10t iineS 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.
(6) "Public School" shall mean,
(a)
(b)
(c)
(7)(a)
a school under the jurisdiction of a board of education
which board is established pursuant to the Education Act,
R.S.O. 1980, or any successor thereto;
(b)
a college of applied arts and technology established
pursuant to the Ministry of Colleges and Universities
R.S.O. 1980, or any successor thereto; and
Act,
a university eligible to receive provincial funding from
the Minister of Education, Colleges and Universities,
pursuant to the Ministry of Colleges and Universities
Act, R.S.O. 1980, or any successor thereto.
"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.
"Front Yard" shall mean a yard extending across the full
width o~ 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
Page 3
(c)
(d)
(e)
(f)
(h)
(i)
"Front Yard Depth" shall mean the shortest horizontal
~"i~'nsion 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.
"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 Iine, the junction point of the
side lot lines, and the nearest wall of the nearest main
building or structure on the lot.
"Rear Yard Depth" shall mean the shortest horizontal
dimension of a rear yard of a lot between the rear iot
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.
"Side Yard" shall mean a yard of a lot extending from the
~r~nt 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.
"Side Yard Width" shall mean the shortest horizontal
~i~enJ'i~n 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.
"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.
"Interior Side Yard" shall mean a side yard other than a
flankage side yard.
PROVISIONS
(1)(a)
Uses Permitted ("$1", "S2" and "S3 Zones)
No person shall within the lands designated "S1", "S2"
"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 uses
(b) Zone Requirements ("S1", "S2" and "S3" Zones)
and
the folIowing provisions:
(i) LOT AREA (minimum):
A on the lands designated "S1"
B on the lands designated "S2"
C on the lands designated "S3"
(ii) LOT FRONTAGE (minimum):
A on the lands designated "S1"
B on the lands designated "S2"
C on the lands designated "S3"
450 square metres
400 square metres
350 square metres
15.0 metres
13.5 metres
12.0 metres
No person shall within the lands designated "$1", "S2" and
"S3" on Schedule "I" attached hereto, use any lot or
erect, alter or use any building except in accordance with
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(iii) FRONT YARD DEPTH (minimum):
4.5 metres
(iv) INTERIOR SIDE YARD WIDTH (minimum):
A minimum ~.2
B minimum 1.8
side.
metres each side, or
metres one side and no minimum other
(v)
FLANKAGE SIDE YARD WIDTH
(minimum): 2.7 metres except
that in the case
of a lot flanking Brock 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:
lot and minimum dwelling unit
metres.
- maximum one
dwelling unit per
area of 100 square
(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 on a reserve on the opposite side of which is
a street.
(xi)
SPECIAL REGULATIONS:
buildings on adjacent lots
1.8 metres.
shall
- the horizontal
distance between
be not less than
(2)(a) Uses Permitted ("S4" Zone)
No person shall within the lands designated "S4" 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.
(b) Zqne..Requirements "S4" Zone)
No person shall within the lands designated "S4" on
Schedule "I" attached hereto, use any lot or erect, alter
or use any building or structure for any purpose except
the following:
(i) LOT AREA (minimum): 300 square metres
(ii) LOT FRONTAGE (minimum): 10 metres
(iii) FRONT YARD DEPTH (minimum): 4.5 metres
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(iv) INTERIOR SIDE YARD WIDTH:
A minimum 1.2 metres one
side, or
B no minimum one side so
side, 0.6 metres other
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):
- 2.7 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:
minimum dwelling unit area of
- maximum one dwelling
unit per lot and
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 on a reserve on the opposite side of which is
a street.
(xi)
SPECIAL REGULATIONS:
buildings on adjacent lots,
1.2 metres.
- the horizontal
distance between
shall be not less than
(3)(a) Use Permitted ("ES" Zone)
No person shall within the lands designated "ES" on
Schedule "I" attached hereto, use any lot or erect, alter
or use any building or structure for any purpose except:
(i) public school and uses accessory thereto.
(4)(a) Use Permitted ("CP" Zone)
No person shall within the lands designated "CP" on
Schedule "I" attached hereto, use any lot or erect, alter
or use any building or structure for any purpose except:
(i) community park.
Page 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.
ENFORCEMENT
(1)
Any person who contravenes any
By-law is guilty of an offence
liable,
of the provisions of this
and on conviction is
(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.
EFFECTIVE DATE
This By-law shall take effect from the
subject to the approval of the Ontario
required.
day of passing hereof
Municipal Board, if
READ A FIRST AND SECOND TIME THIS 18th DAY OF February, 1985
READ A THIRD TIME AND PASSED
THIS 18th DAY OF February , 1985
CLERK l/
FINCH
CP
SCHEDULE T TO BY- LAW
PASSED THIS 18th
DAY OF February 1985
1976/85
/CL~RK / ,/
SUBJECT
PROPERTY
FI#CH
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SCHEDULE 2 (i)
PURPOSE AND EFFECT OF BY-LAW 1976/85
The purpose and effect of By-law 1976/85 is to permit the de-
velopment of detached dwellings, a public school and a comm-
unity park to occur.
U
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 1976/85
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 28 day of February, 1985.
Dr . M. Michael , .C . I .P .
Commissioner of Planning
This Schedule 3 is issued to the Town of Pickering
for By-law 1976/85 pursuant to Ontario Regulation 78/80, a
regulation made under the Planning Act .