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HomeMy WebLinkAboutBy-law 3624/91THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 3624/91 Being a By-law to amend Restricted Area .(Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of P~ckering District Planning Area, Region of Durham in Part of Lot 27, Concession 2, in the Town of Pickering. (A 22/89(R); 18T-89052(R)) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of detachedresidential dwellings on Part of Lot 27, Concession 2; 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 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 land,,s, in Part of, Lot 27, Concession 2, in the Town of Pickering, designated OSoHL", S1o5" and S2" 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. 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 Unif' shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent and separate housekeeping unit containing a separate k~tchen and sanitary facilities; (c) "Dwelline. Sinele or Sinele Dw~lline" shall mean a dwelling containing one dwellinghnit a-nd uses a~cessory thereto; (d) "Dwelling. Detached or Detached Dwelling" shall mean a single dwelling which is freestanding, separate and detached from other main buildings or structures; (2) (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 part thereof as the case may be, other than a private garage, an attic or a cellar; 2 (3) (4) (5) (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 lot area covered by all buildings on the lot. (c) ~ 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 YarO 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) "R~r 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; (0 "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; (g) "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 $iOe 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) "Flankage Side Yard Width" shall mean the shortest horizontal dimension of a fiankage side yard of a !or between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street and the nearest wall of the nearest main building or structure on the lot; (j) "Interior Side Yard" shall mean a side yard other than a flankage side yard. PROVISIONS (1) (a) Uses Permitted ("S1-5", and "S2" Zones) No person shall within the lands designated "S1-5" 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 3 (b) Zone Requirements ("S1-5" and "S2" Zones) No person shall within the lands designated "S1-5" and "S2" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (i) (ii) (iii) (iv) (v) LOT AREA (minimum): A on lands designated "S1-5": B on lands designated "S2": LOT FRONTAGE (minimum): A on lands designated "S1-5": B on lands designated "S2": FRONT YARD DEPTH (minimum): 450 square metres 400 square metres 15 metres 13.5 metres 4.5 metres (x) 10 metres 7.5 metres 38 percent 12 metres maximum one dwelling unit per lot and minimum gross floor area-residential 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 adjoining a street or abutting on a reserve on the opposite side of which is a street (xi) SPECIAL REGULATIONS: A the horizontal distance between buildings on adjacent lots shall not be less than 1.8 metres; B despite the provisions of subclause (vi) above no main building shall be erected, altered or used in the area diagonally hatched on Schedule I hereto. (2) (a) Uses Permitted ("OS-HL" Zone) No person shall within the lands designated "OS-HL" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any pur~o, se except the preservation and conservation of the natural environment, soil and wildlife. (b) Zone Requirement ("OS-HL" Zone) No buildings or structures shall be permitted to be erected, nor any existing buildings or structures be modified or changed, nor shall the placing or removal of fill be permitted, except where buildings or structures are used only for purposes of flood and erosion control. (vi) REAR YARD DEPTH (minimum): A on lands designated "S1-5": B on lands designated "S2": (vii) LOT COVERAGE (maximum): (viii) BUILDING HEIGHT (maximum): (ix) DWELLING UNIT REQUIREMENTS: 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 FLANKAGE SIDE YARD WIDTH: minimum 2.7 metres except that in the case of a corner lot flanking on Finch Avenue, the minimum flankage side yard shall be 4.5 metres 4 BY-LAW 3036 Bydaw 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 Bydaw 3036, as amended. 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. 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 21st DAYOF January ,1991. READ A THIRD TIME AND PASSED THIS 21st DAYOF January ,1991. WAYNE ARTHURS~ TOWN OF PICKERq PPROV AS TO FOI M EaAL ~ ~ S2 REGAL CRESCENT FINCH AVENUE EAST NOTE: ALL DIMENSIONS SHOWN ARE IN METRES SCHEDULE I TO BY-LAW PASSED THIS 21st DAY OF January 1991 3624/91 I I ONTARIO HYDRO SUBJECT TI-IE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 3624/91 Being a By-law t~ amend Restricted Area ~(Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Plckering District Planning Area, Region of Durham in Part of Lot 27, Concession 2, in the Town of Picketing. (A 22/89(R); 18T-89052(R)) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of detached residential dwellings on Part of Lot 27, Concession 2; 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: SCI IEDULE 1 AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 27, Concession 2, in the Town of Pickering, designated "OS-HL", "S1-5" and "S2" on Schedule I attached hereto. 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) (a) ~ 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 dwellinghnit a-nd uses accessory thereto; (d) "Dwelling. Detached or Detached Dwelling" shall mean a single dwelling which is Yreestanding, separate and detachdd from other main buildings or structures; (2) (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 part thereof as the case may be, other than a private garage, an attic or a cellar; 2 (3) (4) (5) (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, resardless of whether or not such lot constitutes the whole of a lot or block on a regtstered plan of subdivision; (b) "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot. (c) ~ 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; "Privitt¢ 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 o~ (c) (d) "Rear Yard" shall mean a yard extending across the !.:, of a lot between: the rear lot line of the lot, or where there is no rear lot iine, 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; (g) "Si~¢ 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) "Flanka~e. _ Side Yard" shall mean .... a side yard immediately adjoining a street or abutting on a reserve on the opposne s~de of which ~s a street; (i) "Flankage Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street and the nearest wall of the nearest main building or structure on the lot; (j) "Interior Side Yard" shall mean a side yard other than a flankage side yard. PROVISIONS (l) (a) Uses Permitted ("S1-5", and "S2" Zones) No person shall within the lands designated "S1-5" 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 (2) 3 (b) Zone Requirements ("SI-5" and "S2" Zones) No person shall within the lands designated "S1-5" and "S2" 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 lands designated "S1-5": 450 square metres B on lands designated "S2": 400 square metres (ii) LOT FRONTAGE (minimum): A on lands designated "S1-5": 15 metres B on lands designated "S2": 13.5 metres (iii)FRONT YARD DEPTH (minimum): 4.5 metres (iv) INTERIOR SIDE YARD WIDTH (minimum): A minimum 1.2 metres each side, or B mg, imum 1.8 metres one s~d.. ~::':2 no minimnm t~t!ler side (vi) REAR YARD DEPTH (minimum): A on lands designated "SI-5": 10 metres B on lands designated "S2": 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 gross floor area-residential 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 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 a street or abutting on a reserve on the opposite side of which is a street (xi) SPECIAL REGULATIONS: A the horizontal distance between buildings on adjacent lots shall not be less than 1.8 metres; B despite the provisions of subclause (vi) above no main building shall be erected, altered or used in the area diagonally hatched on Schedule I hereto. (a) Uses Permitted ("OS-HL" Zone) No person shall within the lands designated "OS-HL" on Schedule 1 attached hereto use any lot or erect, alter or use any building or structure for any purpose except the preservation and conservation of the natural environment, soil and wildlife. (b) Zone Requirement ("OS-HL" Zone) No buildings or structures shall be permitted to be erected, nor any existing buildings or structures be modified or changed, nor shall the placing or removal of fill be permitted, except where buildings or structures are used only for purposes of flood and erosion control. 4 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 (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 convictMn a fine of not more than $50,000; and (b) on a .t,, . thereoi IlL}oil pro, ' (3) Where a convicnon 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. EFIq~fjrlVE 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 21st DAYOF January ,1991. READ A THIRD TIME AND PASSED THIS 21st DAYOF January , 1991. WAYNE ARTHURS /'CLERK BRUCE J. TAYLOR TOWN OF PICKEP' ~' AS TO FOruM L~SAt SEa~S OS-ttL SI-5 S2 FINCH AVENUE EAST NOTE: ALL DIMENSIONS SHOWN ARE IN METRES SCHEDULE I TO BY-LAW PASSED THIS 21st DAY OF January 1991 3624/91 I I ONTARIO HYDRO THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 3624/91 Being a By-law to amend Restricted Area .(Zoning) By-l.aw 3036,. as amended,, to implement the Official Plan of the Town of Plckering District Planning Area, Region of Durham in Part of Lot 27, Concession 2, in the Town of Picketing. (A 22/89(R); 18T-89052(R)) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of detachedresidential dwellings on Part of Lot 27, Concession 2; 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: SCItEDULE I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. AR EA RESTRICI'ED The provisions of this By-law shall apply to those lands in ,Part of. Lot 27, Concession 2, in the Town of Pickering, designated "OS-HL", "SI-5' and S2" on Schedule I attached hereto. 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) (a) "Dwelline" shall .mean a building or part of a building containing one or more dw$11ing umts, but does not include a mobile home or trailer; (b) "Dwelling Unit" shall mean one or more habitable rooms occupied or capable of bei.ng occupied as a single, independent and separate housekeeping umt 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) "Dwelling. Detached or Detached Dwelling" shall mean a s. ingle dwelling which is-freestanding, separate and detached from other main buildings or structures; (2) (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 part thereof as the case may be, other than a private garage, an attic or a cellar; 2 (3) (4) (5) (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 tlr block on a registered plan of subdivision; (b) "Lot Coverage" shall mean the percentage of lot area covered by all buildings nn 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; (0 "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; (g) "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; (i) "Flankage Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street and the nearest wall of the nearest main building or structure on the lot; (j) "Interior Side Yard" shall mean a side yard other than a flankage side yard. PROVISIONS (1) (a) Uses Permitted ("S1-5", and "S2"Zones) No person shall within the lands designated "Sl-5" 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 CS1-5" and "S2" Zones) No person shall within the lands designated "S1-5" and "S2" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (i) (ii) (iii) (iv) (v) LOT AREA (minimum): A on lands designated "S1-5": B on lands designated "S2": LOT FRONTAGE (minimum): A on lands designated "S1-5": B onlands designated "S2": FRONT YARD DEPTH (minimum): 450 square metres 400 square metres 15 metres 13.5 metres 4.5 metres (x) 10 metres 7.5 metres 38 percent 12 metres maximum one dwelling unit per lot and minimum gross floor area-residential of I00 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 adjoining a street or abutting on a reserve on the opposite side of which is a street (xi) SPECIAL REGULATIONS: A the horizontal distance between buildings on adjacent lots shall not be less than 1.8 metres; B despite the provisions of subclause (vi) above no main building shall be erected, altered or used in the area diagonally hatched on Schedule I hereto. (2) (a) Uses Permitted COS-HL" Zone) No person shall within the lands designated "OS-HL" on Schedule I attached hereto use any lot or.erect, alter or use any building or structure for any purpose except the preservation and conservation of the natural environment, soil and wildlife. (b) Zone Requirement COS-HL" Zone) No buildings or structures shall be permitted to be erected, nor any existing buildings or structures be modified or changed, nor shall the placing or removal of fill be permitted, except where buildings or structures are used only for purposes of flood and erosion control. (vi) REAR YARD DEPTH (minimum): A on lands designated "S1-5": B on lands designated "S2": (vii) LOT COVERAGE (maximum): (viii) BUILDING HEIGHT (maximum): (ix) DWELLING UNIT REQUIREMENTS: 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 FLANKAGE SIDE YARD WIDTH: minimum 2.7 metres except that in the case of a corner lot flanking on Finch Avenue, the minimum flankage side yard shall be 4.5 metres 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 By4aw shall be governed by the relevant provisions of By-law 3036, as amended. 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 !aw, 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 21st DAYOF January ,1991. READ A THIRD TIME AND PASSED THIS 2 ls t DAY OF January ,1991. WAYNE ARTHURS /453LERK BRUCE J. TAYLOR TOWN OF / APPROVEDI 1'l~6AI. SE.¥~SI ONTARIO HYDRO 72,4 0S-ItL -- 73. ~ 78.7 / ~ ~ S2 GALI CRESCENT 2 S2~ FINCH AVENUE EAST NOTE: ALL DIMENSIONS SHOWN ARE IN METRES SCHEDULE I TO BY-LAW PASSED THIS 21st DAY OF January .1991 3624/91 MAYOR .,4~LE'RK THE CORPORATION OF THE TOWN OF PICKER1NG BY-LAW NUMBER 36 24 / 91 Being a By-law to amend Restricted Area .(Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Plckering District Planning Area, Region of Durham in Part of Lot 27, Concession 2, in the Town of Pickering. (A 22/89(R); 18T-89052(R)) WItEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of detached residential dwellings on Part of Lot 27, Concession 2; AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW TtIEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKER1NG HEREBY ENACTS AS FOLLOWS: SCI IEDULE I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA RESTRIC~FED The provisions of this By-law shall apply to those lands in Part of Lot 27, Concession 2, in the Town of Picketing, designated "OS-HL", "SI-5" and "S2" 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 k~tchen and sanitary facilities; (c) "Dwelling. Single or Single Dwelling" shall mean a dwelling containing one dwelling unit and uses accessory thereto; (d) "Dwelling. Detached or Detached Dwelling" shall mean a single dwelling which is freestanding, separate and detached from other main buildings or structures; (2) (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 part thereof as the case may be, other than a private garage, an attic or a cellar; 2 (3) (4) (5) (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 subdiwsion; (b) "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot. (c) ~ 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; "Privat, 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 lin.e the ~u.nction point of the side lot lines, and the nearest wall of the nearest mmn bmld~ng 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; (g) "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; (i) "Flankage Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street and the nearest wall of the nearest main building or structure on the lot; (j) "Interior Side Yard" shall mean a side yard other than a flankage side yard. PROVISIONS (1) (a) l.J$¢s Permitted ("S1-5", and "S2" Zones) No person shall within the lands designated "S1-5" 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 3 (b) Zone Requirements ("S1-5" and "S2" Zones) No person shall within the lands designated "S1-5" and "S2" 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 lands designated "SI-5": 450 square metres B on lands designated "S2": 400 square metres (ii) LOT FRONTAGE (minimum): A on lands designated "SI-5": 15 metres B on lands designated "S2": 13.5 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 (v) FLANKAGE SIDE YARD WIDTH: minimum 2.7 metres except that in the case of a corner lot flanking on Finch Avenue, the minimum flankage side yard shall be 4.5 metres (vi) (vii) (viii) (x) REAR YARD DEPTH (minimum): A on lands designated "S1-5": B on lands designated "S2": LOT COVERAGE (maximum): BUILDING HEIGHT (maximum): 10 metres 7.5 metres 38 percent 12 metres DWELLING UNIT REQUIREMENTS: maximum one dwelling unit per lot and minimum gross floor area-residential of 100 S~luare 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 adjoining a street or abutting on a reserve on the opposite side of which is a street (xi) SPECIAL REGULATIONS: A the horizontal distance between buildings on adjacent lots shall not be less than 1.8 metres; B despite the provisions of subclause (vi) above no main building shall be erected, altered or used in the area diagonally hatched on ~Schedule I hereto. (2) (a) Uses Permitted COS-HL" Zone) No person shall within the lands designated "OS-HL" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the preservation and conservation of the natural environment, soil and wildlife. (b) Zone Requirement COS-HL" Zone) No buildings or structures shall be permitted to be erected, nor any existing buildings or structures be modified or changed, nor shall the placing or removal of fill be permitted, except where buildings or structures are used only for purposes of flood and erosion control. 4 BY-LAW 3036 By-law 3036, as am. ended, 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. 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 $25,000 for each day or part thereof upon which the contravention has been continued after the day on which the corporation was first convicted; and not as provided in subsection (1). (3) Where a conviction is entered under subsection (1), in addition to any other remedy or penalty by law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may mak.e an order prohibiting the continuation or repetition of the offence by the person convicted. 8. EFFECT/VE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. READ A FIRST AND SECOND TIME THIS 21st DAYOF January ,1991. READ A THIRD TIME AND PASSED THIS 21st DAY OF January ,1991. WAYNE ARTHURS BRUCE J. TAYLOR TOWN OF PICKER~b'~ -APPROVi_:O ~,S TO FORM .E(iAL SERVt~$ I I' ONTARIO HYDRO: SUBJECT PROPERTY ~--~ 72.4 OS-Ill. SI-5 ~ ~ S2 REGAL CRESCENT FINCH AVENUE EAST NOTE: ALL DIMENSIONS SHOWN ARE IN METRES SCHEDULE I TO BY-LAW PASSED THIS 21st DAY OF January 1991 3624/91