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Home My WebLink AboutBy-law 2399/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 2399/87 Being a 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, in Part of Lot 26, Concession 2, in the Town of Picketing. (A 19/86) WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to permit the development of 23 detached residential dwelling units and an open space block to occur on the subject lands being Part of Lot 26, 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 thereon is hereby declared to be part of this By-law. shown 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 26, Concession 2, Picketing, designated "R3-2" and "OS-HL" on Schedule "l" 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. 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) "Dwelling~ Single or Single Dwelling" shall mean a dwelling containing one dwelling unit and uses accessory thereto; L ¥ow I lAS TO continued... 2 (d) "Owelling~ Detached or Detached Dwelling" shall mean a single dwelling which is freestanding, separate and detached from other main buildings or structures; (e) "Dwelling~ Semi-detached or Semi-detached Dwelling" shall mean one of a pair of single dwellings, such dwellings being attached together horizontally in whole or in part above grade, below grade, or both above and below grade; (a) "Floor Area-Residential" shall floor surface contained within storey or part of a storey; mean the area of the the outside walls of a (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 ~ 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; continued... (f) (g) (h) (i) (j) "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 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; "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; "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; "Interior Side Yard" shall mean a side yard other than a flankage side yardi 5. PROVISIONS (1) (a) Uses Permitted ("R3-2" Zone) No person shall within the lands designated "R3-2" 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 ("R3-2" Zone) No person shall within the lands designated "R3-2" on Schedule "I" attached hereto, use any lot or erect, (vi (vii (viii (ix alter or use any building except in accordance with the following provisions: (i) LOT AREA (minimum): 550 square metres (ii) LOT FRONTAGE (minimum): 18 metres (iii) FRONT YARD DEPTH (minimum): 4.5 metres (iv) SIDE YARD WIDTH (minimum): 1.8 metres (v) FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres ) REAR YARD DEPTH (minimum): 10 metres ) LOT COVERAGE (maximum): 38 percent ) BUILDING HEIGHT (maximum): 12 metres ) DWELLING UNIT REQUIREMENTS: maximum one per lot and gross floor area - residential of 100 dwelling minimum square metres continued... 4 (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 or abutting on a reserve on the opposite side of which is a street (2) (a) Uses Permitted ("OS-HL" Zone) No person shall within the lands designated "OS-HL" on Schedule "I" attached hereto, use any land for any purpose except the preservation and conservation of the natural environment, soil and wildlife. (b) Zone Requirements ("OS-HL" Zone) No buildings or structures shall be permitted to be erected, nor any existing building 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. BY-LAW ~0~6 By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this 8y-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 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). continued... (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. READ A FIRST AND SECOND TIME THIS 2nd DAY OF March , 1987. READ A THIRD TIME AND PASSED THIS 2nd MAYOR ~ JOHN E. ANDERSON DAY OF March , 1987. 1:3 0 13:: R3'2 os. fl FINCH AVENUE SCHEDULE "I, TO BY-LAW PASSED THIS 2nd , DAY OF ~arch '1987 ,~LE~K ( BRUCE'. TA~LOR ) FINCH