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HomeMy WebLinkAboutBy-law 1267/81THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 1267/81 Being a Restricted Area By-law to amend Restricted Area By-law 3036, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, in Part Lot 23, Concession 2, in the Town of Pickering. (A69/80) WHEREAS the Council of the Corporation of the Town of Pickering deems it expedient to permit the development of single detached dwellings and the establishment of a greenbelt-conservation area to occur on the subject lands; 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: 1. SCHEDULE "I" Schedule "I" 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 Lot 23, Concession 2, Pickering, designated "S1", "Sl-111, "S2" and "G" 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, (a) "Coverage" shall mean the percentage of a lot area covered by all buildings on the lot. (b) (i) "Dwelling" 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. (ii) "Single Dwelling" shall mean a building containing not more than one dwelling and uses accessory thereto. "Sin le Detached Dwelling" shall mean a single welling which is freestanding, separate and detached from other main buildings. continued... Page 2 (c) (i) "Floor Area" shall mean the area of the floor sur a-ice contained within the outside walls of a storey or part of a storey. (ii) "Gross Floor Area" shall mean the aggregate of the floor areas of all storeys of a building or structure or a portion thereof, as the case may be, other than a private garage, an attic or a cellar. (d) "Lot" shall mean an area of land fronting on a street, which is used or intended to be used as the site of a single dwelling, together with any accessory buildings or structures, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision. (e) "Lot Fronta e" shall mean the horizontal distance between t e si a lot lines, such distance being measured along a line which is parallel to and 7.5 metres distant from the front lot line. (f) "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. (g) (i) "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. (ii) "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. (iii) "Front Yard De th" 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. (iv) "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. (v) "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. (vi) "Side Yard" shall mean a yard of a lot extending row m 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... Page 3 (vii) "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. (viii) "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. (ix) "IntericrSide Yard" shall mean a side yard other than a flankage side yard. 5. PROVISIONS 5.A.1 Uses Permitted ("S1" and "S1-1" Zones) No person shall within the lands designated "S1" and "51-1" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) single detached dwelling residential uses 5.A.2 Zone Requirements ("S1" and "S1-1" Zones) No person shall within the lands designated "S1" and "Sl-1" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure except in accordance with the following: (a) LOT AREA (minimum): (b) LOT FRONTAGE (minimum): (c) FRONT YARD DEPTH (minimum) (d) INTERIOR SIDE YARD WIDTH (minimum): (e) FLANKAGE SIDE YARD WIDTH (minimum): (f) REAR YARD DEPTH (minimum): 500 square metres 18 metres 6 metres 1.8 metres 3.0 metres (i) within the lands designated "S1": 7.5 metres (ii) within the lands designated "S1-1": 15 metres (g) FLOOR AREA (minimum): (h) LOT COVERAGE (maximum): (i) BUILDING HEIGHT (maximum): (j) DWELLINGS PER LOT (maximum) 100 square metres 33 percent 12 metres 1 only (k) PRIVATE GARAGES (minimum): 1 per dwelling, attached to the main building, and located not less than 6 metres from the front lot line continued... Page 4 (1) SPECIAL RESTRICTIONS: within the lands designated "S1-1" no accessory buildings or structures shall be permitted closer than 7.5 metres to the rear lot line 5.B.1 Uses Permitted ("S2" Zone) No person shall within the lands designated "S2" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) single detached dwelling residential uses 5.B.2 Zone Requirements ("S2" Zone) No person shall within the lands designated "S2" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure except in accordance with the following: (a) LOT AREA (minimum): (b) LOT FRONTAGE (minimum): (c) FRONT YARD DEPTH (minimum) (d) INTERIOR SIDE YARD WIDTH (minimum): (e) FLANKAGE SIDE YARD WIDTH (minimum): (f) REAR YARD DEPTH (minimum): (g) FLOOR AREA (minimum): (h) LOT COVERAGE (maximum): (i) BUILDING HEIGHT (maximum): (j) DWELLINGS PER LOT (maximum) 350 square metres 12 metres 4.5 metres 1.2 metres 2.7 metres 7.5 metres 100 square metres 38 percent 12 metres 1 only (k) PRIVATE GARAGE (minimum): 1 per dwelling, attached to the main building and located not less than 6 metres from the front lot line 5.C.1 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: (a) greenbelt-conservation uses in accordance with Section 17 of By-law 3036, as amended continued... Page 5 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 Any person who contravenes any of the provisions of this By-law shall be liable upon conviction thereof to a fine not exceeding $1,000.00 for each offence, exclusive of costs, recoverable under The Provincial Offences Act, 1979. 8. EFFECTIVE DATE This By-law shall take effect subject to the approval of the required. from the day of passing hereof, Ontario Municipal Board, if READ A FIRST AND SECOND TIME THIS 6th DAY OF April , 1981. READ A THIRD TIME AND PASSED THIS 6th DAY OF April , 1981 MAYOR i? I, i i C ER 0 9 a La w J SCHEDULE T TO BY-LAW 1267/81 PASSED THIS 6th DAY OF April 1981 M Ontario Executive Council Order in Council L _J On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and concurrence of the Executive Council, orders that WHEREAS Frank Kennedy of Willowdale, Ontario has filed a Petition praying that the decision of the Ontario Municipal Board dated the 27th day of August, 1981 (whereby the Ontario Municipal Board approved an application by the Town of Pickering for approval of Restricted Area By-law 1267/81 which permits a residential development on a 50-acre site adjacent to the Manresa Jesuit Renewal Centre (R.R. 2 Pickering) be rescinced; NOW THEREFORE pursuant to the provisions of Section 94 of the Ontario Municipal Board Act, R.S.O. 1980, Chapter 347, the aforementioned decision of the Ontario Municipal Board dated the 27th day of August, 1981, is confirmed. Recommended L.:. _ ?l Concurred Chairman, ManJnt ement Chairman Board of Cabiand Chairman, Cabet Committee on Legislation Approved and Ordered October 29. 1981 64::i Date LieutSr .L.? 'Governor i i t , t , O.C.3052 81 R 811199 Ontario Municipal Board IN THE MATTER OF Section 35 of The Planning Act, (R.S.O. 1970, c..349) , - and - IN THE MATTER OF an application by The Corporation of the Town of Pickering for approval of its Restricted Area By-law 1267/81 B E F O R E: H.W. KELLY, Q.C. ] Thursday, the 27th day Member ] ] of August, 1981 THIS APPLICATION coming on for public hearing this day and after the hearing of the application; THE BOARD ORDERS that By-law 1267/81 is hereby approved. SECRETARY V" ENTERED 1 o. G. is'). YFVl-_3 ..... o;io No......................... SE 2 1981 i 0 fc 36ftEiARY. OGt0.614 M.U;IIGP4t 0£A."6 -