HomeMy WebLinkAboutBy-law 3228/89 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 3228/89
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
Part of Lot 19, Concession 2, in the Town of Pickering.
(A 73/87; 18T-87069)
WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to
permit the development of detached dwellings to occur on the subject lands;
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. 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 Lot 19, Concession 2, in
the Town of Picketing, designated '52~ 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.
#. DEFINITIONS
In this By-law,
(1) (a) 'Dwellin~" 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) 'Dwellin~ 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) 'Dwellin~ Sin~;le 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-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;
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(3) (al "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, 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;
(#) "Private Garage" shall mean an enclosed or partially enclosed structure for the
storage of one or more vehicles, in which structure no business or service is
conducted for profit or otherwise;
(5) (al "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
(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;
(el "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;
(fl "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;
(gl "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
abutting on a reserve on the opposite side of which is a street;
(il "Flankage Side Yard Width" shall mean the shortest horizontal dimension of a
flankage side yard of a lot between the lot line adjoining a street or abutting on
a reserve on the opposite side of which is a street and the nearest wa[[ of the
nearest main building or structure on the lot;
(j) "Interior Side Yard" shall mean a side yard other than a flankage side yard.
5. PROVISIONS
(1) (al Uses Permitted ("S2" Zone)
No person shall within the lands designated "S2" on Schedule I attached hereto
use any lot or erect~ alter or use any building or structure for any purpose
except the following:
(il detached dwelling residential use
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(b) Zone Requirements ("52" Zone)
No person shall within the lands designated "52" 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): 400 square metres
(ii) LOT FRONTAGE (minimum): 13.5 metres
(iii) FRONT YARD DEPTH (minimum): 4.5 metres
(iv) SIDE YARD WIDTH (minimum):
A minimum 1.2 metres each side or
B minimum 1.8 metres one side or no minimum other side
(v) FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres except that in
the case of a lot flanking
Brock Road the minimum
flankage side yard width
shall be 7.5 metres
(vi) REAR YARD DEPTH (minimum): 7.5 metres
(vii) LOT COVERAGE (maximum): 38 percent
(viii) BUILDING HEIGHT (maximum): 12 metres
(ix) DWELLING UNIT REQUIREMENTS: maximum one dwelling unit
per lot and minimum dwelling unit area of 100 square metres
(x) PARKING REQUIREMENTS: minimum one private garage
per lot attached to the main building, any vehicular entrance of which
shall be located not less than 6.0 metres from the front lot line and not
less than 6.0 metres from any side lot line immediately adjoining or
abutting on a reserve on the opposite side of which is a street.
(xi) SPECIAL REGULATIONS:
A The horizontal distance between buildings on adjacent lots shall be not
less than 1.8 metres
B Despite Section 2.~6(c)(i) of By-law 3036~ the boundary of the lot
comprised of that part of Lot 19, Concession 2, designated as Part 1,
Plan #0R~12256 which abuts Regional Road No. I (Brock Road) shall be
deemed to be the front lot line of that lot
C Despite the parking requirements of Section 5.(l)(b)(x), the minimum
parking requirement for a detached dwelling located on that part of
Lot 19, Concession 2~ designated Part 1, Plan ~0R-12256 shall be one
private garage erected in the rear or side yard no less than 1.0 metre
from every lot line
D Despite the provision of Section 5.18 the minimum north side yard
width for an accessory structure (frame shed) located on that Part of
Lot 19, Concession 2, designated Part 1, Plan 40R-12256, shall be 0.t~
metres
E Paragraphs C and D, above, shall not apply where a detached dwelling,
private garage or accessory structure or extension thereof is
constructed after August 8, 1989
6. BY-LAXl/ 3036
(1) 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 !
attached hereto,
(2) Definitions and subiect matters not specifically dealt with in this By-law shall be governed
by the relevant provisions of By-law 3036~ as amended~ except that Section 2.t~6 shall not
apply to the area set out in Schedule I attached hereto.
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;
and not as provided in subsection (1).
(3) Where a conviction is entered under subsection (D, 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. EFFECTIVE DATE
This By-law shall take effect from the day of passing hereof subject to the approval of the
Ontario Municipal Boards if required.
READ A FIRST AND SECOND TIME THIS -gib DAY OF August , 1989.
READ A THIRD TIME AND PASSED THIS '&t°n~ DAY OF August , 1989.
'I~AYOR/ '
WAYNE E. ARTHURS
BRUCE 3. TAYLOR
SCHEDULE I TO BY-LAW. 322s/s9
PASSED THIS -var/oX
DAY OF, ^u~u~t 1989
MAYOR~(Wayne E. Arthurs)
SUBJECT
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