HomeMy WebLinkAboutBy-law 2353/87THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 2353/87
Being a By-law to amend Restricted Area
(Zoning) By-law 3036, as amended, to
implement the Official Rlan of the Town
of Picketing District Planning Area, Region
of Durham, in Part of Lot 30, Broken Front
Concession Range 3 in the Town of Rickering.
(A 28186)
WHEREAS the Council of the Corporation of the Town of Picketing
deems it desirable to recognize the existing triplex dwelling on
Part 5 of 40R-lOl04, and to permit the development of new detached
residential dwellings to occur on Parts l, 2, 4 and 7 of 40R-lOl04
of the subject lands, being Raft of Lot 30, Broken Front Concession
Range 3;
AND WHEREAS an amendment to By-law 3036, 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
thereon is hereby deciared to
with notations and references shown
be part of this By-law.
2. AREA RESTRICTED
The provisions of this By-law shall apply to those lands in kart
of Lot 30, Broken Front Concession Range 3, Picketing,
designated on Reference klan 40R-lOl04 as Parts l, 2, 4, 5 and 7.
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) "Owelling~ ~ingle or Single Dwelling" shall mean a
dwelling containing one dwel~i~-g unit and uses
accessory thereto;
continued...
(2)
(~)
(4)
(5)
(d) "Dwelling~ Detached or Detached Dwelling" shall mean a
single dwelling which is freestanding, separate and
detached from other main buildings or structures;
(a) "Floor Area-Residential" 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-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
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 structues, 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;
(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~
continued...
(g)
(h)
"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~
"Interior Side Yard" shall mean a side yard other than
a fla'nkage side yard;
5. PROVISIONS
(1) (a) Uses Permitted ("Si" and "S2" Zones)
No person shall within the lands designated "al" and
"S2" 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 ("Si" and "S2" Zones)
No person shall within the lands designated "Si" and
"52" on Schedule "I" attached hereto, use amy lot or
erect, alter or use any building except in accordance
with the following provisions:
(i) LOT AREA (minimum):
A on lands designated "SI"
B on lands designated "S2"
(ii) LOT FRONTAGE (minimum):
A on lands designated "Sl"
B on lands designated "S2"
(iii) FRONT YARD DEPTH (minimum):
A on lands designated "al"
B on lands designated "S2"
(iv) SIDE YARD WIDTH (minimum):
A minimum 1.2 metres each side, or
B
minimum 1.8 metres one
the other side
(v) REAR YARD DEPTH (minimum):
(vi) LOT COVERAGE (maximum):
(vii) BUILDING HEIGHT (maximum):
(viii) DWELLING UNIT REQUIREMENTS:
450 square metres
400 square metres
minimum gross floor
metres
15 metres
13.5 metres
7.5 metres
4.5 metres
side and no
7.5 metres
38 percent
12 metres
minimum
maximum one dwelling
unit per lot and
area-residential of 100 square
continued...
(ix) PARKING REQUIREMENTS:
A
on iands designated "SI" - minimum one private
garage per lot
attached to the main buiidlng, any vehicuiar
entrance of which shall be iocated not iess than
9.0 metres from the front lot iine and not iess
than 6.0 metres from any side lot line
immediateIy adjoining or abutting on a reserve
on the opposite side of which £s a street.
B
on lands designated "S2" - 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.
(x) SPECIAL REGULATIONS:
buildings on adjacent
1.8 metres.
the horizontal
distance between
lots shall be not less than
6. TEXT AMENDMENT
Section 9 of By-law 3036, as amended, is hereby further amended
by adding thereto the following subsection:
9.3.4 Part of Lot 30, B.F.C. Range 3 (Part 5 of 40R-lOl04)
(1)
For the purpose of this subsection, the term "Triplex
Owelling" shall mean a dwelling containing three
separate dwelling units, each of which has an
independent entrance either through a common vestibule
or directly from the exterior of the dwelling.
Notwithstanding any of the provisions of this By-law,
in addition to any other uses that may be permitted
thereon, lands indicated as Part 5 of 40R-lOl04 on
Schedule "I" to By-law 2353/87 may be used for the
purpose of a "Triplex Dwelling" in accordance with the
provisions of Section 9.2.
(3) Section (2) above, shall not apply where the "triplex
dwelling" is constructed after Oanuary 1st, 1987.
7. BY-LAW
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.
8. 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
continued...
(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.
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.
9. 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 19th DAY OF J~nuary , 1987.
READ A THIRD TIME AND PASSED THIS 15th DAY OF June
ERK / '
BRUCE O. TAYLOR
1987.
continued...
SHEPPARD AVENUE
W
PT. 5, 4OR- 10104
PT. 3,
IpT.7, 40R-!~Oq
PT 4
40 R - :0
S1
PT. 2,
4CR-~0;04
4r.)M.-J- J442
I
LOT 44
BARRY
DRIVE
2353/87
SCHEDULE "I"TOBY-LAW
· PASSED THIS 15th
nAY OF June 1987
~o~
~p.
N