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Home My WebLink AboutBy-law 4057/92 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 4057/92 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Picketing District Planning Area, Region of Durham, in Lot 4, Plan 489, in the Town of Picketing. (A 19/89) WHEREAS the Council of the Corporation of the Town of Pickeringdeems it desirable to permit a law office on the subject lands, being Lot 4, Plan 489, in the Town of Picketing; 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. SCHEDUI.I~. I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA RES'rRICq"ED The provisions of this By-law shall ~afl~,l~ly to those lands in Lot 4, Plan 489, in the Town of Picketing, designated 'R3-CO on Schedule I attached hereto. 3. (~ENERAL PROVISIONS No building, land orpart thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. In this By-law, (1) "professional Office -Lawver' shall mean a building or part of a building used as the office of a lawyer or lawygrs in which professional legalservices or consultation may be provided; (2) (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) 'Dwe!line. Sinele or Sinele Dwelline" shall mean a dwelling containing one dwelhng~nit a~d uses accessory therdto; (d) 'DweIline. Detached or Detached Dwelline" shall mean a single dwelling which is freestanding, separate and detached fro~ other main buildings or structures; (3) (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- (4) (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, rel~ardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b) ~tlLC.,oy_0_rilg~ 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 hne parallel to and 7.5 metres distant from the front lot line. (5) (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 ~s 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 Deoth" shall mean the shortest horizontal dimension of a rear yard of a lot between ~he 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) "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 abuttin~on a reserve on the opposite side of which is a street. 5. PROVISIONS (1) (a) ~ CR3-CO" Zone) No person shall within the lands designated "R3-CO" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i)(ii) detached dwelling residential use professional office - lawyer (b) Zone Requirements CR3-CO" Zone) No person shall within the lands designated "R3-CO" on Schedule I attached hereto use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (i) LOT AREA (minimum): 0.25 hectares (ii) LOT FRONTAGE (minimum): 30 metres (iii) FRONT YARD DEPTH (minimum): 15 metres (iv) SIDE YARD WIDTH (minimum): (I) East side yard: 4 metres (II) West side yard: 1.5 metres (v) REAR YARD DEPTH (minimum): 40 metres (vi) LOT COVERAGE (maximum): 33% (vii) BUILDING HEIGHT (maximum): 12 metres (viii) DWEI.I~ING UNIT REQUIREMENTS: maximum one dwelling unit per lot and minimum gross floor area-residential of 100 square metres (ix) PARKING REQUIREMENTS: A For the purpose of this clause "parking space" shall mean a useable and accessible area of not less than 2.6 metres in width and not less than 5.3 metres in length for the temporary parking of vehicles, but shall not include any portion of a parking aisle or driveway; B There shall be provided and maintained on the lands a minimum of 9 parking spaces; C Sections 5.2L2a) and 5.21.2b) of By-law 3036 shall not apply to lands designated "R3-CO" on Schedule I attached hereto; D All park!ng areas shall be surfaced with brick, concrete, or any combination thereof. (x) SPECIAL REGULATIONS: A The aggregate gross floor area of all professional offices - lawyer on the lands shall not exceed 186 square metres; (2) (a) Uses Permitted C(H)" Zone) Despite the provisions of subsection (1)(a), while the "(H)" holding symbol is in place, no person shall within the lands designated "(H)R3-CO" on Schedule I attached hereto, use any lot or erect, alter or use any buildings or structure for any purpose except detached dwelling residential uses in accordance with Section9of By-law 3036, as amended. (b) Removal of "(H)" Holding Symbol Prior to an amendment to remove the "(H)" holding symbol preceeding the use designation "R3-CO" the following conditions shall be met: (i) an agreement between the Town and the owner of the land to which the "(H)'~ holding symbol applies to provide for the development of the land for the purposes and in accordance with the provisions of Section 5.(1) shall be entered into and registered on title; (ii) an agreement between the Regional Municipality of Durham and the owner of. the land to which the "(H)" holding symbol applies to provide for the serwcing thereof with sanitary sewers in the event that the private sewage system requires replacing shall be entered into and registered on title, or such service shall be provided. 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 (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. -4- (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. 8, EFFE(ZIIVE 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 4th DAY OF August ,1992. READ A THIRD TIME AND PASSED THIS 4th DAY OF August ,1992. WAYNE ARTHURS / BRUCE J2 TAYLOR TOWN OE PICKERING APPROVED ~AS TO FORM i LEG~,L DEPT. Plan M-1037 Part Lot 5 Plan 489 Part Lot 4 PIc~n 489 $ Part Lot .~ Plan 489 o~ aa ) 3-co 4057/92 SCHEDULE I TO B~AW PASSED THIS- DAY OF August 1992 SUBJECT NAy~RRER L~NE