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HomeMy WebLinkAboutBy-law 2015/85SCHEDULE 1 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 2015/85 Being a By-law to amend Restricted Area (Zoning) By-law 30~6, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, in Raft of Lot 20 and Part of Lot 21, Concession 2, in the Town of Picketing. (A 57/80; 18T-79088) WHEREAS the Council of the Corporation of the Town of Pickering passed By-law 1975/85 amending By-law 3036 to permit the development of detached dwellings on the subject lands being Part of Lot 21, Concession 2, Town of Picketing. AND WHEREAS the Council of the Corporation of the Town of Pickering now deems it desirable to further amend By-law ~03~ and By-law 1975/85 to permit the development of detached dwellings, semi- detached dwellings, attached dwellings, a school and a neighbourhood park to occur on the subject lands being Part of Lot 20, and Part of Lot 21, Concession 2, Town of Picketing. AND WHEREAS an amendment to By-law 30~, as amended, is therefore deemed necessary; NOW THEREFORE THE 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 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 20, Concession 2, Picketing, designated "Si", "S1-2", "Si-5", "S2", "S3", "S-SD", "S-SD-SA", "ES-Si" and "NP", 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. 4. 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. 2 (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. (e) "Dwelling~ Single or Single Dwelling" shall mean a dwelling containing one dwelling unit and uses accessory thereto. (d) "Dwelling~ Detached or Detached Dwelling" shall mean a single dwelling which is freestanding, separate and detached from other main buildings or structures. (e) "Dwelling~ Semi-detached or Semi-detached Dwelling" shall mean one of a pair of single dwellings, such dwellings being attached together horizontally by an above grade common wall. (f) "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) (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 storeys of a building or structure, or a part thereof as the ease may be, other than a private garage, an attic or a cellar. (c> "Dwelling Unit Area" shall mean the aggregate of the floor areas of all habitable rooms of a dwelling unit. (3) (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. (4) "Neighbourhood Park" shall mean a municipal public park. (5) "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) 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; 3 (7) b) a) b) (g (h (i) a college of applied arts and technology established pursuant to the Ministry of Colleges and Universities Act, R.S.O. 1980, or any successor thereto; and 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 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. "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. "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. "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. "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. "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. ".F19nk.ase 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 yard other than a flankage side yard. 5. PROVISIONS (1) (a) Uses Permitted ("SI", "Sl-2", S1-3", "S2" and "S3" Zone) No person shall within the lands designated "Si", "S1-2", "S1-3", "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 following: (i) detached dwelling residential uses 4 (b) Zone Requirements ("SI", "S1-2", "S1-3", "S2" and "S3" Zones) No person shall within the lands designated "Si", "S1-2", "S1-3"t "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 (ii (iii (iv (v) (vi) (vii) (viii) (ix) LOT AREA (minimum): A on lands designated "Si", "S1-2", "S1-3" B on lands designated "S2" C on lands designated "S3" LOT FRONTAGE (minimum): A on lands designated "Si", "S1-2", "S1-3" B on lands designated "S2" C on lands designated "S3" FRONT YARD DEPTH (minimum): A on lands designated "Si", "S1-2", "S2" and "S3" B on lands designated "S1-3" INTERIOR SIDE YARD WIDTH: (x) (xi) - 450 square metres - 400 square metres - 350 square metres - 15 metres - 13.5 metres - 12.0 metres - 4.5 metres 4.0 metres A minimum 1.2 metres each side, or B minimum 1.8 metres one side and no minimum other side FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres REAR YARD DEPTH (minimum): A on lands designated "Si", "S2" and "S3" 7.5 metres B on lands designated "S1-2" and "S1-3" see Schedule "II" attached hereto LOT COVERAGE (maximum): BUILDING HEIGHT (maximum): DWELLING UNIT REQUIREMENTS: dwelling unit area of PARKING REQUIREMENTS: to the main building, 38 percent 12 metres maximum one dwelling unit per lot and minimum 100 square metres. minimum one private garage per lot attached any vehicular entrance of which shall be located not less than 6.0 metres from the front lot 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. line SPECIAL REGULATIONS: the horizontal distance between buildings on adjacent lots to which the section applies shall not be less than 1.8 metres. (2) (a) Uses Permitted ("S-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 or structure for any purpose except the following: (i) detached dwelling residential use (ii) semi-detached dwelling residential use (b) Zone Requirements ("S-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): 300 square metres (ii) LOT FRONTAGE (minimum): 10.5 metres (iii) FRONT YARD DEPTH (minimum): 4.5 metres (iv) INTERIOR SIDE YARD WIDTH: A for single detached dwellings (I) minimum 1.2 metres one side, 0.6 metres other side, or (II) 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 2. at least 1.8 metres interior side yard width is provided to any other wall of the main building. B for semi-detached dwelling attached horizontally above grade: 1.2 metres except that no interior aide 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: (~) 1.2 metres measured perpendicularly to such side lot line if no abutting side yard is provided on the abutting lot or, (II) 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): 2.7 metres (vi) REAR YARD DEPTH (minimum): 7.5 metres (vii) LOT COVERAGE (maximum): 40 percent (viii) BUILDING HEIGHT (maximum): 12 metres ix) (x) xi) DWELLING UNIT REQUIREMENTS: maximum per lot unit area of 100 square one dwelling unit and minimum dwelling 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. SPECIAL REGULATIONS: the horizontal distance between buildings, on adjacent lots, except if such buildings are attached in whole or in part, shall be not less than 1.2 metres. a) Uses Permitted ("S-SD-SA" Zone) No person shall within the lands designated "S-SD-SA" 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 (ii) semi-detached dwelling residential uses (iii) single attached dwelling residential uses b) Zone Requirements ("S-SD-SA" Zone) (ii) (iii) (iv) No person shall within the lands designated "S-SD-SA" on Schedule "I" attached hereto, use any lot or erect, alter or use any buidilng or structure except in accordance with the following provisions: (i) LOT AREA (minimum): A for detached dwellings: Z50 square metres B for semi-detached dwellings: 225 square metres C for single attached dwellings: 200 square metres LOT FRONTAGE (minimum): A for detached dwellings: 9 metres B for semi-detached dwellings: 7.5 metres C for single attached dwellings: 6.7 metres FRONT YARD DEPTH (minimum): 4.5 metres INTERIOR SIDE YARD WIDTH (minimum): A for detached dwellings: 1.2 metres one side no minimum the other side provided that the aggregate of actual side yard widths on the lot equal or exceed 1.8 metres; B for semi-detached and single attached dwellings: 1.2 metres 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: (I) 1.2 metres measured perpendicularly to such side lot line if no abutting side yard is provided on the abutting lot or, (II) 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): 2.7 metres (vi) REAR YARD DEPTH (minimum): (vii) LOT COVERAGE (maximum): 7.5 metres A for detached dwellings: 38 percent B for semi-detached and single attached dwellings: 40 percent (viii) BUILDING HEIGHT (maximum): 12 metres (ix) DWELLING UNIT REQUIREMENTS: A not more than 80 residential units be permitted within the @reas designated "S-SD-SA" on Schedule "I" attached hereto; B maximum one dwelling unit per lot; C minimum dwelling unit area 100 square metres; (x) PARKING REQUIREMENTS: minimum one private garage per lot attached to the main building and located not less than six metres from the front lot line. (xi) SPECIAL REGULATIONS: the horizontal distance between buildings on adjacent lots, except if such buildings are attached together in whole or in part, shall be not less than 1.2 metres. (4) (a) Uses Permitted ("ES-S1" Zone) No person shall within the lands designated "ES-S1" 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; or (ii) single detached dwelling residential uses. (b) Zone Requirements ("ES-S1" Zone) No person shall within the lands designated "ES-S1" Schedule "I" attached hereto, use any lot or erect, alter or use any building or structure for single detached dwelling residential uses except in accordance with the provisions of Section 5(1)(b). on (5) Use Permittted ("NP" Zone) No person shall within the lands designated "NP" on Schedule "I" attached hereto, use any lot or erect, alter or use any building or structure for any purpose except: (i) neighbourhood park 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 (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 $25,000 for each day or part thereof upon which the contravention has been continued after the day on which the corporation was first convicted. and not as provided in subsection (1). (3) Where a conviction is entered under subsection (12), in addition to any other remedy or penalty by law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. 8. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. READ A FIRST AND SECOND TIME THIS 6th DAY OF May , 1985. READ A THIRD TIME AND PASSED ,. '/ ' MAYO~-- - THIS 6th DAY OF May , 1985. ~/ m 'CLERK SEE DETAIL 'A' · S2 SCHEDULE 'I' TO BY-LAW 2015/85 Page I of 3 Part I ,Z E~ Part of Part 3 ; 4OR- 5336 SCHEDULE I TO BY-LAW 2o15/85 Page 2 of 3) Part of Part3, Parts 4,5 ~ Part of Part6 ~ 40R-5336 81 S'SD · IOUTH-I£$T ANGLE LOT ~0, CON. 2 SCHEDULE '[' TO BY- LAW PASSED THIS 6th DAY OF, Hay 1985 2015/85 Page $ of 3 Part of Part 6, Parts 7,8,9 & I0; 40R - 5:536 GRE~ENMOUNT iT. is ~00 TE C~o~TT& iI ,,.,,, S1-2 41.11K LANE MINIMUM REAR YARD DEPTH - Set Section 5(I)(b)(~)B SCHEDULE '/~' TO BY-LAW PASSED THIS 6~:h DAY OF Hay 1985 CLERK