HomeMy WebLinkAboutBy-law 1826/84THE CORPORATION OF THE TOUN OF PICKERING
BY-LAW NUMBER 1826/84
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 26, Concession l, in the Town
of Pickering. (A 75/80; 18T-80064)
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 greenbelt conservation
area to occur on the subject lands being Part Lot 26, Concession
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" hereto with notations and references
is hereby declared to be part of this By-law.
shown thereon
AREA RESTRICTED
The provisions of this By-law shall apply to those lands in
Lot 26, Concession l, Pickering, designated "S2', "S3", "S4",
"S-SD" and "G" on Schedule "I" attached hereto.
o
GENERAL PROVISIONS
No buildinq, 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) (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)
"Dwellin9 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.
continued...
(1)
(d)
(e)
"Dwellin9, Detached or Detached Dwelling" shall mean
a single dwelling which is freestanding, separate
and detached from other main buildings or structures.
"Dwelling, Semi-detached or Semi-detached Dwelling"
shall mean one of a pair of single dwellings, such
dwellings being attached together below grade only.
(3)
(4)
(5)
(a)
(b)
(c)
(a) __
"Floor Area" shall mean the area of the floor surface
contained within the outside walls of a storey or
part of a storey.
"Gross Floor Area" shall mean the aggregate of the
floor areas of all the storeys or a building or
structure, or a part thereof as the case may be, other
than a private garage, an attic or a cellar.
"Dwelling Unit Area" shall mean the aggregate of the
floor areas of all habitable rooms of a dwelling unit.
"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 lot, except that where
a one-storey detached dwelling is constructed on a lot,
lot coverage shall not include the area of the lot
covered by a private garage.
(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.
continued...
(e)
(f)
(h)
"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 Hidth" shall mean the shortest horizontal
dimension 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.
(i) "Interior Side Yard" shall mean a side yard other than
a flankage side yard.
o
PROVISIONS
(1) (a) Uses Permitted ("S2" and "S3" zones
No person shall within the lands designated "S2" and
"S3" on Schedule "I" 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 {"S2" and "S3" zones)
No person shall within the lands designated "S2" and
"S3" on Schedule "I" 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 "S2" - 400 square metres
B on the lands designated "S3" 350 square metres
(ii) LOT FRONTAGE {minimum):
A on the lands designated "S2" 13.5 metres
B on the lands designated "S3" 12 metres
(iii) FRONT YARD DEPTH (minimum): 4.5 metres
(iv} 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.
continued...
(1)
(b) (v)
(vi)
(vii)
(vi~i)
(ix)
(x)
(xi)
FLANKAGE SIDE YARD WIDTH
(minimum):
- 2.7 metres
REAR YARD DEPTH (minimum): - 7.5 metres
LOT COVERAGE (maximum):
38 percent
BUILDING HEIGHT (maximum): 12 metres
DWELLING UNIT REQUIREMENTS maximum one (1) dwelling
unit per lot and minimum
dwelling unit area of 100 square metres.
PARKING REQUIREMENTS: minimum one (1) 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 to which the section applies shall not
be less than 1.8 metres.
(a) Uses Permitted ("S4" Zone)
No person shall within the lands designated "S4" on
Schedule "I" 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 ("S4" zone)
No person shall within the lands designated "S4" on
Schedule "I" hereto, use any lot or erect, alter or
use any building except in accordance with the
following provisions:
250 square metres
9 metres
4.5 metres
(i) LOT AREA (minimum):
(ii) LOT FRONTAGE (minimum):
(iii) FRONTAGE YARD DEPTH {minimum}:-
(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
continued...
(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)
(vii)
(viii)
(ix)
(x)
REAR YARD DEPTH (minimum):
- 7.5 metres
LOT COVERAGE (maximum):
38 percent
BUILDING HE]GHT (maximum):
- lg metres
DWELLING UNIT REQUIREMENTS: maximum one (1)
dwelling unit per
lot and minimum dwelling unit area of 100 square
metres
PARKING REQUIREMENTS: - minimum one (1)
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.
(ix} SPECIAL REGULATIONS: - the horizontal
distance between
buildings on adjacent lots shall be not less than
1.2 metres.
(3)
(a) Uses Permitted("S-SD" zone)
No person shall within the lands designated "S-SD" on
Schedule "I" 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" 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:
A minimum 1.2 metres one side, 0.6 metres other
side, or
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
continued...
Page 6
(II)
at least 1.8 metres interior side yard
width is provided to any other wall
of the main dwelling.
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
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 one (1
private garage
per lot attached to the main building and located
not less than 6 metres from the front lot line.
PARKING REQUIREMENTS: minimum one (1
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.
(4) Uses Permitted ("G" zone)
No person shall within the lands designated "G" on Schedule
"I" hereto, use any lot or erect, alter or use any building
or structure for any purpose except:
(i) greenbelt-conservation uses in accordance with
17 of By-law 3036 as amended.
section
6. BY-LAW 3036
By-law 3036, as amended, is hereby further amended only to the
extent necessary to give effect to the pmovisions 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.
continued...
Page 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 or 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.
RE~.~ .FIRST AND SECOND TIME THIS ?th DAY OF May
, 1984.
READ A THIRD TIME AND PASSED THIS ?th DAY OF May
, 1984.
CLERK /
FINCH AVENUE
S2
S2
rLE
S2
S2
S2
S2
~ S2
z S4
S4
S 'SD
S4 .o
S2
GLENANNA
S2
GABLEHURST
CRES.
S2
SCHEDULE 'Z' TO BY- LAW
S4
S.SD
S2
S2
S4
S4
40.5
1826/84
PASSED THIS 7'ch
DAY OF _~Iay 1984
CLERK ~
IrlKN
SUBdECT
~ PR OPEt~ T Y
_- —
r
SCHEDULE 2 ( i )
The purpose and effect of the By-law is to
rezone the subject property from ' A ' - Agricultural
to "S2" , "S3 " , "S4" and "S-SD" in accordance with
approved draft plan of subdivision 18T-80064 . These
zoning designations will permit the establishment
of 377 dwelling units .
4
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 1826/84
of the Town of Pickering.
I am of the opinionithat this By-law is in conformity with the
Official. Plan in effect for the Durham Planning Area.
Dated this 22nd day of May, 1984
Dr. M. Michael , M.C . I .P .
Commissioner of Planning
This Schedule 3 is issued to the Town of Pickering
for By-law 1826/84 pursuant to Ontario Regulation 78/80 , a
the Planning made under Act.
It