HomeMy WebLinkAboutBy-law 1865/84THE
CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 1865/84
Being a Zoning 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, on Block A, Plan M-1024 in the
Town of Pickering. (A 31/83)
WHEREAS the Council of the Corporation of the Town of Pickering
deems it desirable to permit the development of a convenience
commercial and residential uses on the subject lands being Block A,
Plan M-1024, in the Town of Pickering.
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:
SCHEDULES "I" and "II"
Schedules "I" and "II" hereto with notations and references
shown thereon is hereby declared to be part of this By-law.
AREA RESTRICTED
The provisions of this By-law shall apply to those lands
designated"CIO-R" and "SA" on Schedule "I" attached hereto,
being Block A, Plan M-1024, Pickering.
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)
"Dry Cleaning Depot" shall mean a building or part of
a building used for the purpose of receiving articles,
goods, or fabrics to be subjected to dry cleaning and
related processes elsewhere, and of distributing articles,
goods or fabrics which have been subjected to any such
processes.
(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 a trailer.
(b)
"Dwelling Unit" shall mean one or more habitable
rooms occupied or capable of being orcupied as a
single, independent and separate housekeeping unit
containing a separate kitchen and sanitary facilities.
continued...
Page 2
(4)
(5)
(6)
(7)
(c)
"Dwelling, Single or Single Dwelling" shall mean
dwelling containing one dwelling unit and uses
accessory thereto.
a
(d)
"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.
"Financial Institution" shall mean a building or part
of a building in which money is deposited, kept, lent
or exchanged, and which includes a chartered bank or a
branch thereof;
(a)
"Floor Area" shall mean the aggregate of the floor
areas of all storeys above or below established
grade, but shall exclude the floor area of any parts
of the building used for mechanical equipment,
stairwells, elevators, and any part of the building
below established grade other than that used for
retail commercial or office purposes;
(b)
"Gross Leasable Floor Area" shall mean the aggregate
of the floor areas of all storeys above or below
established grade, designed for owner or tenant
occupancy or exclusive use only, but excluding storage
areas below established grade;
(c) "Dwelling Unit Area" shall mean the aggregate of the
floor areas of all habitable rooms of a dwelling unit.
(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 a lot
area covered by all buildings on the lot;
(c)
"Lot ~on~age" shall mean the width of a lot between
the smoe lot lines measured along a line parallel to
and 7.5 metres distant from the front lot line;
"Neighbourhood Store" shall mean a retail store having
a gross floor area of not more than 400 square metres
in which food, drugs, periodicals or similar items of
day-to-day household necessity are kept for retail sale
primarily to residents of, or persons employed in the
immediate neighbourhood.
"Personal Service Shop" shall mean an established in
which a personal service is performed and which may
include a barber shop, a beauty salon, a shoe repair
shop, a tailor or dressmaking shop or a photographic
studio, but shall not include a body-rub parlour as
defined in the Municipal Act, R.S.O. 1980, Chapter 302,
as amended from time to time, or any successor thereto;
continued...
Page 3
(s)
(9)
(19)
"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;
"Professional Office" shall mean a building or part
of a building in which medical, legal or other professional
service is performed or consultation given, and which
may include a clinic, the offices of an architect, a
chartered accountant, an engineer, a lawyer or a physician,
but shall not include a body-rub parlour as defined in
the Municipal Act, R.S.O. lg80, Chapter 302, as amended
from time to time, or any successor thereto.
(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 Dgpth" 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.
(fl
"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.
(gl
"Side Yard Width" 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.
(h)
"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.
PROVISIONS
(1} (al Uses Permitted ("SA" Zone)
No person shall within the land designated "SA" on
Schedule "I" hereto, use any lot or erect, alter or
use any building or structure for any purpose except
the following:
continued...
Page 4
Single-attached dwelling residential use
(b) Zone Requirements ("SA" Zone)
No person shall within the lands designated "SA" on
Schedule "I" hereto, use any lot or erect, alter or
use any building or structure except in accordance
with the following provisions:
(
(i
(i) LOT AREA (minimum):
ii) LOT FRONTAGE (minimum):
ii)
(iv)
(v)
vi)
200 square metres
(vii)
6.0 metres
YARD REQUIREMENTS 'minimum): as illustrated on
Schedule II - except
that no side yard shall be provided on the side
where dwellings on abutting lots 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:
A
1.2 metres measured perpendicularly to such
side lot line if no abutting side yard is
provided on the abutting lot, or
0.6 metres measured perpendicularly to such
side lot line if an abutting side yard is
provided on the abutting lot
LOT COVERAGE (maximum):
BUILDING HEIGHT (maximum):
40 percent
DWELLING UNIT REQUIREMENTS:
lot and minimum dwelling unit
metres
12 metres
maximum one (1)
dwelling unit per
area of 100 square
PARKING 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.
(2) (a) Uses Permitted ("CIO-R" Zone)
No person shall within the lands designated "CIO-R"
on Schedule "I" hereto, use any lot or erect, alter
or use any building or structure for any purpose
except the following:
(i) subject to the provisions of paragraph
(2)(b)(v)A of this Section, dwelling unit.
(ii)
subject to the provisions of paragraph
(2)(b)(v)B of this Section, dry cleaning depot,
financial institution, neighbourhood store,
personal service shop and professional office.
continued...
Page 5
(b) Zone Requirements ("C]O-R" Zone)
No person shall within the lands designated "ClO-R"
on Schedule "I" hereto, use any lot or erect, alter
or use any building or structure except in accordance
with the following provisions:
(il YARD REQUIREMENTS (minimum):
A
The zone boundary of the lands designated
"CIO-R" on Schedule "I" which abuts a street
shall be deemed to be a front lot line and
the minimum setback of any building or
structure, except a sign, from a front lot
line shall be 4.5 metres.
B
All zone boundaries of the lands designated
"ClO-R" on Schedule "I" not abutting a street
shall be deemed to be~.side lot lines and the
minimum setback of any building or structure
except a sign, from a side lot line shall be
1.2 metres.
There shall be no other front lot lines, no
other side lot lines, no flankage lot lines
and no rear lot lines.
(ii) LOT COVERAGE (maximum):
33 percent
(iii) BUILDING HEIGHT (maximum):
12 metres
(iv) PARKING REQUIREMENTS:
For the purpose of this clause "parking space"
shall mean a usable and accessible area of not
less than 15.95 square metres, for the
temporary parking of a vehicle, but shall not
include any portion of a parking aisle or
driveway;
For each establishment having any of the
following uses there shall be provided and
maintained on the lot generating the requirement
a minimum of 4.0 parking spaces for each 93
square metres or part thereof of gross leasable
floor area of the establishment:
dry cleaning depot
financial institution
neighbourhood store
personal service shop
professional office
For each dwelling unit there shall be provided
and maintained on the lot generating the
requirement a minimum of 1.5 parking spaces.
continued...
Page 6
(v) SPECIAL RESTRICTIONS:
A For Dwelling Unit
(I
no dwelling unit shall contain more
that two bedrooms.
(II
no dwelling unit shall be located
elsewhere than on the second storey
of a building containing any uses
permitted in paragraph (2){a){ii) to
(2){a)(vi) inclusive, of this section.
(III
Not less than six and not more than
seven dwelling units shall be permitted
within the area designated "CIO-R" on
Schedule "I" hereto.
B For Other Permitted Uses
(I)
the aggregate of the gross leasable
floor area of all dry cleaning depots,
financial institutions, neighbourhood
stores, personal service shops and
professional offices shall not exceed
500 square metres.
(II)
Section 5.18 a) Accessory Buildings and
Uses, of By-law 3036 shall not apply to
the area designated "CIO-R" on Schedule
"I" hereto.
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,
on a first conviction a fine of not more than
$50,000; and
(b)
on a subsequent conviction of a fine of not more than
$25,000 for each day or part thereof upon which the
contravention has continued after the day on which
the corporation was first convicted,
and not as provided in subsection {1}.
continued...
Page 7
(3)
Where a conviction is entered under subsection (1),
in addition to any other remedy or any 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.
BY-LAW 3036
(1)
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.
(2)
Definitions and subject matter not specifically dealt
with in this By-law shall be governed by the relevant
provisions of By-law 3036, as amended, except that
subsections 2.2.1, 5.21.2 b) and 5.21.2 d) of By-law
3036 shall not apply to the area set out in Schedule "I"
hereto.
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 3rd DAY OF July
· 1984.
READ A THIRD TIME AND PASSED THIS 3rd DAY OF July , 1984.
CLE~RK
SA
P~LO,.,K A
M - i024
N
SCHEDULE 'X' TO BY-LAW 1865/84
PASSED THIS 3rd
DAY OF July 1984
CLERK
Z
I
P. LO,,K A
M - i024
N
SCHEDULE '~' TO BY-LAW 1865/84
PASSED THIS 3rd
DAY OF July 1984
CLERK
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