HomeMy WebLinkAboutBy-law 2675/88 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 2675/88
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 30 and 31,
Concessions 2 and 3, in the Town of Pickering. (A 4/88)
WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to
permit the establishment of residential, commercial, church, open space and agricultural uses
on Part of Lots 30 and 31, Concessions 2 and 3, in the Town of Picketing.
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:
l. SCHEDULE I
Schedule I 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 30 and 31,
Concessions 2 and 3, in the Town of Picketing, designated "HMR2" whether or not that
designation is accompanied by any bracketed symbol, "I(C)", "OS-HL", and "A" on Schedule
1 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) "Community Use" shall mean a public use or facility serving residents of an area,
such as a community centre, a fire hall, a library, a neighbourhood park, a police
station and a postal station;
(2) "Neighbourhood Store" shall mean a retail store in which food, drugs, periodicals or
similar items of day-to-day household necessity are kept for retail sale to residents
of, or persons employed in the immediate neighbourhood and may include a postal
station;
(3) (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;
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(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 lined the junction point
of the side lot ]ines~ 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 iine~ the junction
point of the side lot [ines~ and the nearest wall of the nearest main building or
structure on the lot;
"Side Yard" shah 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 o[ the nearest main building
or structure on the lob
(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) "Interior Side Yard" shah mean a side yard other than a flankage side yard.
5. PROVISIONS
(1) (a) Uses Permitted("HMR2" Zone)
No person shall within the lands designated "HMR2" 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 ("t-tMR2" Zone)
No person shall within the lands designated "HMR2" 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) LO/ AREA (minimum): 3,000 square metres
(ii) LOT FRONTAGE (minimum): 30 metres
(iii) FRONT YARD DEPTH (minimum): 9.0 metres
(iv) INTERIOR SIDE YARD WIDTH (minimum): 2.# metres
(v) FLANKAGE SIDE YARD WIDTH (minimum): 2.4 metres
(vi) REAR YARD DEPTH (minimum): 9.0 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 floor area per dwelling 95 square metres
unit:
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(x) 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 For each detached dwelling, there shall be provided and maintained
on the lot a minimum I parking space;
C Subsection 7.4 of By-law 3037, as amended, shall apply to the lands
designated "HMR2" on Schedule I.
(c) Exceptions
(i) Despite the minimum lot area and lot frontage provisions of subsections
5.(l)(b)(i) and ~.(l)(b)(ii), a detached dwelling and uses accessory thereto may be
erected, altered or used on a lot which existed on the date of the passing of
this by-law providing:
A such lot has a minimum lot area of 1,390 square metres and a minimum lot
frontage of 22 metres; or
B such lot has been granted a variance by the Committee of Adjustment to
the minimum requirements for lot area and lot frontage, which variance
permits the erection, alteration or use of a detached dwelling on the lot.
(d) Special Regulations ("(HMC4~)~' Symbol)
On lands where the "HMR2" designation of Schedule I is followed by the symbol
'(HMC~)" the following regulations shall apply:
(i) In addition to the uses specified in subsection 5.1(a) and providing a dwelling
unit exists on the lot~ the following use shall be permitted on the lot:
A neighbourhood store
(ii) All zone requirements of subsection 5.(l)(b) shall apply, except that if one or
more neighbourhood stores are established:
A despite subsection 5.(1)(b)(x)B, there shall be provided and maintained
on the lot, in addition to a minimum t parking space for the dwelling
unit, a minimum of t~.0 parking spaces per 100 square metres gross
floor area neighbourhood store
(iii) The gross floor area of all neighbourhood stores on the lot shall not exceed 250
square metres.
(2) (a) Uses Permitted ("I(C)" Zone)
No person shall within the lands designated "I(C)" on Schedule I attached hereto,
use any lot or erect, alter or use any building or structure for any purpose
except the following:
(i) church
(b) Zone Requirements ("I(C)" Zone)
No person shall within the lands designated "I(C)" 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) FRONT YARD DEPTH (minimum): 9.0 metres
(ii) INTERIOR SIDE YARD WIDTH (minimum): 3.0 metres
(iii) REAR YARD DEPTH (minimum): 9.0 metres
(iv) LOT COVERAGE (maximum): 25 percent
(viii) BUILDING HEIGHT (maximum): 12 metres
(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 lot a minimum of 1
parking space per t/persons capacity;
C Subsections 5.19.2a), 5.19.2b), 5.19.2d) and 5.19.2k) of By-law 3037, as
amended, shall not apply to the lands designated "I(C)" on Schedule I;
(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 (uOS-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.
(0) Uses Permitted ("A" Zone)
No person shall within the lands designated "A" on Schedule I attached hereto use
any lot or erect, alter or use any building or structure for any purpose except in
accordance with Section 6 of By-law 3037, as amended.
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 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. 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;
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and not as provided in subsection (i).
(3) \!/here a conviction Js 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 l~oard, ii required.
READ A FIRST AND SECOND TIME THIS 15th cDAY OF February , 1988.
READA THIRD TIME AND PASSED THIS 15th DAY OF February , 1988.
THIRD CONCESSION HMR2/ ROA
SCHEDULE I TO BY-LAW 2675/88
PASSED THIS. ~5th
DAY OF,,,, February 1988
AYOR ( J~)HN E. ANDERSOn"
CLtRK ( BRU~/d/TAYLOR )
HAMLET OF CHERRYWOOD
THIRD ROAD
SUBJECT LANDS