HomeMy WebLinkAboutBy-law 2676/88 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 2676/88
Being a ByMaw 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 32~ 33, 3# and 35, Concession 5, and Part of Lots
33, 3t4 and 35, Concession 6, in the Town of Picketing. (A 5/88)
WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to
permit the establishment of residential, commercial, community, agricultural and greenbelt
uses on Part of Lots 32, 33, 34 and 35, Concession 5, and Part ot Lots 33, 34, and 35,
Concession 6, 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:
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 RESTRICTED
The provisions of this By-law shall apply to those lands in Part of Lots 32, 33, 34 and 3~,
Concession 5, and Part of Lots 33, 34, and 35, Concession 6, in the Town of Picketing,
designated "HMRI" whether or not that designation is accompanied by any bracketed
symbol, "I(C)]CU", "HMA"~ "A"s and "G" on Schedule I attached hereto.
GENERAL PROVISIONS
No building, land or part thereof shall hereafter be useds occupied, erecteds moved or
structurally altered except in conformity with the provisions of this By-law.
DEFINITIONS
In this By-laws
(1) "Book Store" shall mean a store in which books, magazines, periodicals and similar
items are stored, offered or kept for retail sale to the public;
(2) "Community Use" shall mean a public use or facility serving residents oI an area,
such as a community centre, a fire hall, a library, a neighbourhood parks a police
station and 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 opens 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 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 lotl
(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 [ot;
(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 [ot~
(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" shall mean a side yard other than a flankage side yard.
PROVISIONS
(l) (a) Uses Permitted ("HMRI" Zone)
No person shall within the lands designated "HMRI" 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 ("HMRI" Zone)
No person shall within the lands designated "HMRI" 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): %000 square metres
(ii) LOT FRONTAGE (minimum): 30 metres
(iii) FRONT YARD DEPTH (minimum): 9.0 metres
(iv) INTERIOR SIDE YARD WIDTH (minimum): 2.0 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
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(ix) DWELLING UNIT REQUIREMENTS:
A maximum number of dwelling units
per lot: one
B minimum floor area per dwelling
unit: 95 square metres
(x) PARKING REQUIREMENTS:
A For the purpose of this clause, "parking space" shah 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.# of By-law 3037, as amended, shall apply to the lands
designated "HMRI" on Schedule I.
(c) Exceptions
(i) Despite the minimum lot area and lot frontage provisions of subsections 5.(l)(b)(i)
and 5.(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,
or on a parcel of land for which the consent of the Land Division Committee has
been given to create a lot on or before 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.
(ii) Despite the minimum front yard depth and interior side yard width provisions of
subsections 5.(l)(b)(iii) and 5.(l)(b)(iv), a detached dwelling and uses accessory
thereto may be erected altered or used on that part of Lot 34, Concession 5,
designated as Part Ir Plan #0R-85t~9, providing:
A the lot has a minimum front yard depth of 1.6# metres and a minimum
southerly interior side yard width of 2.26 metres;
B any detached dwelling or extension to any detached dwelling constructed
after 3anuary 9th, 1985, shall have a minimum front yard depth and
interior side yard width in accordance with the provisions of subsections
5.(l)(b)(iii) and 5.(l)(b)(iv).
(d) Special Regulations ("(HMCS)" Symbol)
On lands where the "HMRI" designation of Schedule I is followed by the symbol
"(HMCS)' the following regulations shall apply:
(i) In addition to the uses specified in subsection 5.(l)(a) and providing a dwelling
unit exists on the lot, the following use shall be permitted on the lot:
A book store
(ii) All zone requirements of subsection 5.(l)(b) shall apply, except that if one or
more book stores are established:
A despite subsection 5.(l)(b)(x)B, there shall be provided and maintained on
the lot, in addition to a minimum I parking space for the dwelling unit, a
minimum of 4.0 parking spaces per 100 square metres gross floor area
book storel
(iii) The gross floor area of all book stores on the lot shall not exceed 700 square
metres.
(e) Special Regulations ("(HMC6)" symbol)
On lands where the "HMRI" designation of Schedule I hereto is followed by
the symbol "(HMC6)" the following regulations shall apply:
(i) For the purpose of this clause, "general contracting" shall mean the
carrying on and operation of a contractor's yard, including the servicing
and repairing of vehicles and equipment, the storage of new and used
material, vehicles and equipment but not including a cement batching
plant, asphalt plant, pit or quarry or uses ancillary thereto;
(ii) In addition to the provisions of subsections 5.(l)(a) and 5.(l)(b) of this
By-law, the subject lands may be used,
A for the purpose of general contracting, provided that, with the
exception of otherwise permitted outside storage associated
therewith, such use shall be permitted only when carried on within
enclosed buildings; and
B for the purpose of outside storage in association with general
contracting, provided that,
(I) such storage is limited to the side and rear yards only, and
(II) such storage is limited to the storage of building material, sand,
gravel and top soil only.
(2) (a) Uses Permitted ("I(C)/CU" Zone)
No person shall within the lands designated "I(C)/CU" 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
(ii) community use
(b) Zone Requirements ("I(C)/CU" Zone)
No person shall within the lands designated "I(C)/CU" 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
(v) BUILDING HEIGHT (maximum): 12 metres
(vi) 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 I parking
space per 4 persons capacity;
C Subsections 5.19.2a), 5.19.2b) and 5.19.2k) of By-law 3037, as amended,
shall not apply to the lands designated "I(C)/CU" on Schedule I.
(3) Uses Permitted ("HMA" Zone)
No person shall within the lands designated "HMA" on Schedule I attached hereto use
any lot except in accordance with Section 6 of By-law 3037, as amended, providing
no buildings or structures are established.
(t~) 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.
(5) Uses Permitted ("G" Zone)
No person shall within the lands designated "G" 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 lt~ of By-law 3037, as amended.
6. BY-LAW 3037
(l) 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.
(2) By-laws 1367/$1 and 2028/$5 are hereby repealed.
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 $i0,000 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
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(3) Where a conviction is entered under subsection (1), in addition to any other remedy
or penalty by ]aw, 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 o:[fence 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 15th DAY OF February , 1988.
READA THIRD TIME AND PASSED THIS 15tab DAY OF February , 1988.
~'/~-"TOWN OF
/"]M~A ~0~ ...... PlCKERING
/ / 3OHN E. ANDERSON
BRUCE 3. TAYLOR
HMR1
HIGHWAY No. 7
HMR1
HMRI
SCHEDULE I TOBY-LAW 2676/88
15th
PASSED THIS.
DAY OF Februars{988
CLERK ( BR~,C'E J,/~I'AYLOR )
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HIGHWAY NO. 7/~
DETAIL "A"
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SCHEDULE I TOBY-LAW 2676/88
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HAMLET OF GREEN RIVER
SUBJECT LANDS