HomeMy WebLinkAboutBy-law 2623/87Ontario
Ontario Municipal Board
Commission des affaires municipales de I'Ontario
IN THE lqATTER OF Section 34(18) of the
Planning Act, 1983
AND IN THE lqATTER OF appeals by Doreen
Lee, Clifford Lee, Ken Spratley and
others against Zoning By-law 2623-87 of
the Corporation of the Town of Pickering
R 880093
BEFORE:
D. H, McROBB
Member
- and-
A. B, BALL
Member
Tuesday, the 15th day
of March, 1988
THESE APPEALS having been withdrawn;
THE BOARD ORDERS that the appeals
dismissed.
against
Zoning By-law 2623-87 are hereby
ENTERED
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L,:,? ", '1988
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 2623/87
Being a By-law to amend Restricted Area (Zoning) By-law 3037, as
amended, to implement the Official Plan of the Town of Picketing
District Planning Area, Region of Durham in Part of Lots 2 and 3,
Concessions 5 and 6, in the Town of Picketing. (A 55/86)
WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to
define the boundary of the Cluster of Kinsale 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 ENACTS AS FOLLOWS:
SCHEDULE "I"
Schedule 'T' attached 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 Part of Lots 2 and 3,
Concessions 5 and 6, Picketing, designated "CLRB", "CLR6", "CLR7" "CLR8",
"CL-CA" and "OS-HL" on Schedule 'T' 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) "Body Shop" shall mean an establishment engaged in repairing or painting
vehicle bodies;
(2) fa) "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;
(d)
"Dwelling~ Detached or Detached Dwelling" shall mean a single dwelling
which is freestanding, separate and detached from other main buildings or
structures;
(3) fa) "Floor Area-Residential" shall mean the area of the floor surface contained
within the outside walls of a storey or part of a storey;
(4)
(~)
(6)
(7)
(b)
"Gross Floor Area" shall mean the aggregate of the floor areas of all
storeys above or below established grade, but shall exclude the floor area
of any parts of the building used for mechanical equipment, stairwells,
elevators, and any part ot 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;
(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 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~
"Vehicle Repair Shop" shall mean an establishment containing facilities for the
repair and maintenance of vehicles on the premises, in which vehicle
accessories are sold and vehicle maintenance and repair operations are
performed in return for remuneration, but shall not include a body shop or any
establishment engaged in the retail sale of vehicle fuels;
"Vehicle Sales or Rental Establishment" shall mean an establishment used for
the sales service, rent or lease of vehicles and which may include as an
accessory thereto the outdoor display of vehicles for sale, rent or lease and a
vehicle repair shop, but shall not include any establishment engaged in the
retail sale of motor vehicle fuels;
(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;
(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;
3
(h)
(i)
"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;
"Interior Side Yard" shall mean a side yard other than a flankage side yard.
5. PROVISIONS
(1) (a) Uses Permitted ("CLRS", "CLR6", "CLR7", "CLRS" Zones)
No person shall within the lands designated "CLRJ", "CLR6", "CLR7"~ and
"CLRg" on Schedule 'T' 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 ("CLRS", "CLR6", "CLRT", and "CLR8" Zones)
No person shall within the lands designated "CLRS", "CLR6"~ "CLR7", and
"CLR$" on Schedule 'T' 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 "CLRS":
B on lands designated "CLR6":
C on lands designated "CLRT":
D on lands designated "CLR8":
(ii) LOT FRONTAGE (minimum):
A on lands designated "CLRS":
B on lands designated "CLR6" or "CLR7":
C on lands designated "CLR8":
(iii) FRONT YARD DEPTH (minimum):
(iv) INTERIOR SIDE YARD WIDTH (minimum):
(v) FLANKAGE SIDE YARD WIDTH (minimum):
(vi) REAR YARD DEPTH (minimum):
(vii) LOT COVERAGE (maximum):
(viii) BUILDING HEIGHT (maximum):
(ix) DWELLING UNIT REQUIREMENTS:
A
B
1,390 square metres
2~000 square metres
3,000 square metres
6,000 square metres
22 metres
30 metres
75 metres
12 metres except where
such yard abuts Highway
No. 7, the minimum front
yard depth shall be 14
metres
3.0metres
3.0 metres except where
such yard abuts Highway
No. 7, the minimum
ilankage yard width shall
be lg metres
12metres
20 percent
12 metres
maximum number of dwelling units per lot: one
minimum gross floor area-residential: 95 square metres
(c) Exception ("CLR6" Zone)
(i)
Despite the provisions of section 5(l)(b)(iii), the minimum front yard
depth for a detached dwelling located on that part of Lot
Concession 6, designated as Part 3, Plan ~0R-5558 shall be 4.2 metres.
(ii) Subsection (i), above, shall not apply where the detached dwelling or
any part or extension thereof is constructed after January 1, 1988.
(2) (a) Uses Permitted ("CL-CA" Zone)
No person shall within the lands designated "CL-CA" on Schedule "I"
attached hereto use any lot or erect, alter or use any building or structure
for any purpose except the following:
(i) vehicle sales or rental establishment
(b) Zone Requirements ("CL-CA" Zone)
No person shall within the lands designated "CL-CA" on Schedule "1"
attached hereto use any lot or erect~ alter or use any building except in
accordance with the following provisions:
(i) LOT AREA (minimum):
1.0 hectare
(ii) LOT FRONTAGE (minimum):
135 metres
(iii) FRONT YARD DEPTH (minimum):
l~metres
(iv) INTERIOR SIDE YARD WIDTH
(minimum):
7.~ metres
(v) REAR YARD DEPTH (mininum):
7.5 metres
(vi) LOT COVERAGE (maximum):
33 percent
(vii) BUILDING HEIGHT (maximum):
12 metres
(viii) OPEN STORAGE:
no open storage shall be
permitted in any yard
(ix) PARKING REQUIREMENTS:
A
For the purpose of this clause~"parking space"shall mean a usable
and accessible area of not less than 2.6 metres in width and 5.3
metres in length~ for the temporary parking of a vehicle, but shall
not include any portion of a parking aisle or driveway;
B
There shall be provided and maintained on the subject lands a
minimum of 5.0 parking spaces for each 0.# hectare of part
thereof lot area plus 2.0 parking spaces for each 93 square metres
or part thereof gross floor area;
C No parking space required to be provided and maintained pursuant
to subclause B above shall be used for the display of any vehicle;
Sections 5.19.2a) and 5.19.2b) of By-law 3037, as amended, shall
not apply to the lands designated "CL-CA" on Schedule 'T'
attached hereto;
E All parking areas shall be set back a minimum of 3.0 metres from
all road allowances;
Notwithstanding Section 5.19.2g) of By-law 3037~ as amended, all
parking areas shall be surfaced with brick~ asphalt or concrete, or
any combination thereof.
(3) (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 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 or a
culvert for access.
6. BY-LAW 3037
By-law 3037, 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 'T' 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. ENFORCEMENT
(i)
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 $23,000 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
READ A THIRD TIME AND PASSED THIS
OHN E~ANDERSON
/CLERK
BRUCE 3. TAYLOR
~.~h DAY OF
llth DAY OF
December , 1987.
January , 19gL.
LOT ~
,rJN ~,-SS,ON 6
64.2m
CONCESSION
FAS ESTABLISHED BY THE
CENTRAL LAKE ONTARIO
CONSERVATION AUTHORITY
6
fSW. ANGLE OF LOT Z , CON. 6
__ HIGHWAY ~3,.,. i~,.-~
CLR7
REGIONAL FLOOD LINE ~"~/ OS'HL
CONCESSION 5 CONCESSION 5
SCHEDULE "I" TO BY-LAW 2623/87
PASSED THIS llth
DAY OF January 198'~
/~A¥o~ ( ~N~. ~%E~SO~N+~
.~LERK ( BRUC~ JffA~R )
~SUBJECT PROPERTY