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Home My WebLink AboutBy-law 3992/92 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 3992 /92 Being a By-law to amend Restrict. ed Area (Zoning) By-law 3037, as mended, to implement the Official Plan of the Town of Picketing District PlanningArea~ Region of Durham in Lots 1 to 8 inclusive and Part of Lot 16, Plan 424, in the Town of Pickering. (ePA 89-114/D; A 12/89) WHERF_A~ the Council of the Corporation of the Town of Pickering deems it desirable to define a Cluster boundary to enable the establishment of two new lots for single detached residential purposes. AND WHEREAS an amendment to By-law 3037, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENAC-q~ AS Fei .I OWS: 1. SCHEDULE I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA RF3TRICTED The provisions of this By-law shall apply to those lands in Lots 1 to 8 inclusive and Part of Lot 16, Plan 424, Picketing, designated "CLR4" 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) ~ 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 sin~gle, 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" shall mean the aggregate of the floor areas of all storeys above or below e.stablished 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. (c) "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; -2- (3) (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 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 subdiv/sion; (b) ~ 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; (4) (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 op?n, 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; (f) "Sidle 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) "Flankaee 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 fial~kage side yard. 5. PROVISIONS (1) (a) Uses Permitted CCLR4") No person shall within the lands designated "CLR4" 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 uses (b) Zone Requirements ("CLR4") No person shall within the lands designated "CLR4" 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): 4,000 square metres (ii) LOT FRONTAGE (minimum): 35 metres (iii) FRONT YARD DEPTH (minimum): 12 metres (iv) INTERIOR SIDE YARD WIDTH (minimum): 3.0 metres -3- (v) FLANKAGE YARD 10.0 metres (vi) REAR YARD DEPTH (minimum): 12 metres (vii) LOT COVERAGE (maximum): 20 percent (viii)BUILDING HEIGHT (maximum): 12 metres (ix) DWELLING UNIT REQUIREMENTS: A maximum number of dwelling units per lot: one B minimum gross floor area-residential: 95 square metres (c) Exceptions CCLR4" Zone) (i) Despite the minimum front yard depth provision of Subsection 5.(1)(b)(iii), the minimum front yard depth for a detached dwelling located on that part of Part of Lots 1, 2, and 3 of Plan 424, designated as Part 1, Plan 40R-14166, shall be 5.3 metres. (ii) Subsection (i), above, shall only apply to the detached dwelling as it exists on the date of passing of this By-law and shall not apply to any extension or addition thereof. 6. BY-LAW 3037 Byqaw 3037, as amende.d, is hereby .further amended only to the extent necessary to give effect to the provisions o.f th~s 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 3037, as amended. 7. ENFQR~'EMENT (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 juri.sdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. -4- 8. EFFE~IIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of Amendment No. 249 to the Durham Regional Official Plan by the Ministry of Municipal Affairs, and subject to the approval of the Ontario Municipal Board, if required. READ A FIRST AND SECOND TIME THIS 19th DAY OF May ,1992. READ A THIRD TIME AND PASSED THIS 19th DAY OF May ,1992. WAYNE ARTHUR[~ BRUCE J. TAYLOR CLR4 SCHEDULE I TO BY-LAW 3992/92 PASSED THIS 19th DAY OF .~May '~CLERK SUBJECT ..... ~-- PROPERTY (DURHAM REGION ROAD No. 5) I,I MITCHELL