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THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 2024/85
Being a By-law to amend Restricted Area (Zoning)
By-law 3036, as amended, to implement the Official
Plan of the Town of Pickering 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 Pickering
deems it desirable to permit the development of detached dwellings,
semi-detached dwellings, and a neighbourhood 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
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 2, Picketing, designated "S1" "S2" "S3"
"S4" "S-SD" and "NP" 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. 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.
(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, Single or Single Dwelling" shall mean a
dwelling containing one dwelling unit and uses
accessory thereto.
(d)
"Dwellin~L Detached_ or Detaghed Dwelling" shall mean
a single dwelling which is freestanding, separate
and detached from other main buildings or structures.
2
(2)
(3
(4
(6)
(e)
,Dwelling, Semi-detached or Semi-detached Dwelling!'
shall mean one of a pair of single dwellings, such
dwellings being attached together horizontally in
whole or in part above and/or below grade.
(a)
"Floor Area" shall mean the area of the floor
surface contained within the outside walls of
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 case may be, other than a
private garage, an attic or a cellar.
(e)
!'Dwelling
the floor
unit.
Unit Area" shall mean the aggregate of
areas of all habitable rooms of a dwelling
(a)
"Lot" shall mean an area of land fronting on a street
~ 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 iot,
(e)
"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.
"Nei~hbourhood Park" shall mean a municipal public park.
"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
~mension 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
w~dth 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.
3
(e)
(f)
(g)
(h)
(i)
"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 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.
"Flanka~g 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 ("S1", "S2" and "S3" Zones)
No person shall within the lands designated "S1",
"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 use
(b) Zone Requirements ("S1", "S2" and "S3" Zones)
No person shall within the lands designated "S1",
"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)
LOT AREA (minimum):
A on the lands designated "S1" - 450
B on the lands designated "S2" - 400
C on the lands designated "S3" - 350
(ii)
(iii)
(iv)
square metres
square metres
square metres
LOT FRONTAGE (minimum):
A on the lands designated "S1" - 15.0 metres
B on the lands designated "S2" - 13.5 metres
C on the lands designated "S3" - 12 metres
FRONT YARD DEPTH (minimum): 4.5 metres
INTERIOR SIDE YARD WIDTH (minimum):
A minimum 1.2 metres each side, or
B minimum 1.8 metres one side and no minimum
other side
4
(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: 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 net 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 ~ reserve on the epposite
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"
"I" attached hereto, use any lot or erect, alter
building or structure for any purpose except the
on Schedule
or use any
following:
(i) detached dwelling residential uses
(b) Zone Requirement~ ("S4" Zone)
No persen 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):
300 square metres
(ii) LOT FRONTAGE (minimum):
10 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): 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 100
maximum one dwelling
unit per lot and
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 iot Iine 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.
(ix)
SPECIAL REGULATIONS:
buildings on adjacent
1.2 metres.
lots, shall
the horizontal
distance between
be not less than
(3) (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) single detached dwelling residential uses
(ii) semi-detached dwelling residential uses
(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 or structure 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 FOR SINGLE DETACHED DWELLINGS:
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)
INTERIOR SIDE YARD WIDTH FOR SEMI-DETACHED
DWELLINGS ATTACHED HORIZONTALLY IN WHOLE OR
IN PART ABOVE GRADE: 1.2 metres except that no
interior side yard shall
be provided on the side where dwellings 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:
(vi)
(vii)
(viii)
(ix)
(x)
(x~)
(xii)
(xiii)
(4)
A
1.2 metres measured perpendicularly to such side lot
line if no abutting side yard of at least 0.6 metres
is provided on the abutting lot.
0.6 metres measured perpendicularly to such side lot
line if an abutting side yard is provided on the
abutting lot.
INTERIOR SIDE YARD WIDTH FOR ALL OTHER
SEMI-DETACHED DWELLINGS:
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
provided
and
1.2 metres interior side yard width is
to the nearest wall of a private garage,
(II) at least 1.8 metres interior side yard width is
provided to any other wall of the main dwelling.
FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres
REAR YARD DEPTH (minimum):
7.5 metres
LOT COVERAGE (maximum):
40 percent
BUILDING HEIGHT (maximum):
12 metres
DWELLING UNIT REQUIREMENTS:
minimum dwelling unit area
maximum one dwelling
unit per lot and
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 adjoinig 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.
Use Permitted ("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
BY-LAW 5036
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 5036, as amended.
7
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 (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 FIRST AND SECOND TIME THIS DAY OF
, 1985.
READ A THIRD TIME AND PASSED THIS DAY OF
, 1985.
MAYOR CL~RK
BAGGINS
S3
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S3
S2
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S3
S'SD
TAWNBERRY
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',e75 / 85
DISTANCES SHOWN ARE IN METRES
SCHEDULE ']:' TO BY-LAW 2024/85
PASSED THIS 2 ! s t
DAY OF ~¥ 1985
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