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HomeMy WebLinkAboutBy-law 3598/90 CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 3598/90 Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham in Part of Block L~ Plan 418, in the Town of Pickering. (A 58/88; 18T-88095) WHEREAS the Council of the Corporation of the Town of Pickerin$ deems it desirable to permit the development of detached residential dwelling units having nunimum lot frontages of 15.0 metres, to occur on the subject lands being Part of Block L, Plan 418, in the Town of Pickering. AND WHEREAS an amendment to By-law 2511, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOIl OWS: 1. SCHEDUI.F. I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA RESTRI~D The provisions of this By-law s,hoa, ll apply to those lands in Part of Block L, Plan 418, in the Town of Picketing, designated'S on Schedule I attached hereto. 3. GENERAL PROVISIONS No building, laud or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. DEFINITIONS In this By-law, (1) (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) "DweIline Unit" shall mean one 9r more habitable rooms occupied or capable of being o~cupied as a single, lndep~ndent and separate housekeeping unit containing a separate kitchen and samtary 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; (e) "Semi-Detached Dwelling - Attached Below Grade" shall mean one of a pair of single dwellings which are attached together horizontally in whole or in part below grade only and are separated from other main buildings by yards. (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; -2- (3) (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, 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) ~ 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; (4) "Priva~[e 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) (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 Der)th" 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; (h) ~laalllgg~ifl~Y~ shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) "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 wall 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) (a) Uses Permitted ("S" Zone) Noperson shall within the lands desig.nated. "S" on Schedule I attached hereto use any lot or erect, alter or use any bmldmg or structure for any purpose except the following: (i) detached dwelling residential uses -3- (b) Zone Requirements ("S" Zone) No person shall within the lands designated "S" 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): 450 square metres (ii) LOT FRONTAGE (minimum): 15.0 metres, except that in the case of a corner lot the minimum lot frontage shall be 17.0 metres (iii) FRONT YARD DEPTH (minimum): 6.0 metres, except that for those lots with front lot lines abutting Rosebank Road, the minimum front yard depth shall be 7.6 metres (iv) SIDE YARD WIDTH (minimum): 1.5 metres (v) FLANKAGE SIDE YARD WIDTH (minimum): 4.0 metres (vi) REAR YARD DEPTH (minimum): 7.5 metres (vii) LOT COVERAGE (maximum): 35 percent (viii)BUILDING HEIGHT (maximum): 12.0 metres (ix) DWELLING UNIT REQUIREMENTS: maximum one dwelling unit per lot and minimum gross floor area-residential 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 abuttin~ a street or a reserve on the opposite side of which is a street, except that tor the lots with front lot lines abutting Rosebank Road, any vehicular entrance to a private garage shall be located not less than 7.6 metres from the front lot line, and not less than 6.0 metres from any side lot line immediately adjoining or abutting a street or a reserve on the opposite side of which is a street. 6. BY-LAW 2,511 By-law 2511, 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 25 ! 1, 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 $25,000 for each day or part thereof upon which the contravention has been continued after the day on which the corporation was first convicted; and not as provided in subsection (1). -4- (3) Where a conviction is entered under subsectio, n (1), in addition to any other remedy or penalty by law, the court in which the conmction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. 8. EFFE{2nVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. READ A FIRST, SECOND AND THIRD TIME AND PASSED THIS 3rd DAY OF December ,1990. BRUCE J. TAYLOR COWAN ONCLE <( t~ 0 ~ 7~.2m GILLMOSS ROAD SCHEDULE I TO BY-LAW 3s98/90 PASSED THIS 3rd DAY OF December 1 990 /-4?L~ERK (l~ue& J. Taylor) COWAN CIRCLE CORPORATION OF THE TOWN OF PICK~RING BY-LAW NUMBER 3598/90 Being a By-law t9 amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the Town of Picketing District Planning Area, Region of Durham in Part of Block L, Plan 418, in the Town of Pickering. (A 58/88; 18T-88095) WHEREAS the Council of the Corporation of the .Town of Pickerin$ deems it desirable to permit the development of detached residential dwelling units having rmnimum lot frontages of 15.0 metres, to occur on the subject lands being Part of Block L, Plan 418, in the Town of Picketing. AND WHEREAS an amendment to By-law 2511, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDU~.g. I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREARESTRICrED The provisions of this By-law shall apply to those lands in Part of Block L, Plan 418, in the Town of Picketing, designated "S" on Schedule I attached hereto. 3. ~ENF, RAL PROVISIONS No building, land or part thereof sh. all hereafter be. used, occupied, erected, moved or structurally altered except in conforrmty with the prowsions of this By-law. DEFINITIONS In this By-law, (1) (a)" 'n "shall mean a building or part of a building containing or ~ .... one more dwelling umts, but does not include a mobile home or trailer; (b) ~ 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) "Dwelline. Single or Single Dwelline" shall mean a dwelling containing one dwelling3nit arid uses accessory thereto; (d) "Dwelling. Detached or Detached Dwelling" shall mean a single dwelling which is freesta3ding, separate and detached from other main buildings or structures; (e) "Semi-Detached Dwelling - Attached Below Grade" shall mean one of a pair of single dwellings which are attached together horizontally in whole or tn part below grade only and are separated from other main buildings by yards. (2) (a) "Floor Area-Residentiar' 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- .R. esidential' 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- (3) (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 regtstered plan of subdivision; (b) ~ shall mean the percentage of lot area covered by all buildings on the lot. (c) ~L.F_LO. Ilta~ 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; (4) ~]~g._.C,/tl/~ 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) (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 iunction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) L~ 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; (h) ~ shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) ~Flankaee Side Yard Width" shall mean the shortest horizontal dimension of a flankagi side yard of a !or between the lot line adjoining a street or abutting on a reserve on the .opposite side of which is a street and the nearest wall of the nearest main building or structure on the lot; O) "Interior Side Yard" shall mean a side yard other than a flankage side yard. 5. PRO~SIONS (1) (a) Uses Permitted Cs" Zone) No person shall within the lands designated "S" 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 -3- (b) Zone Requirements ("S" Zone) No person shall within the lands designated "S" 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): 450 square metres (ii) LOT FRONTAGE (minimum): 15.0 metres, except that in the case of a corner lot the minimum lot frontage shall be 17.0 metres (iii) FRONT YARD DEPTH (minimum): 6.0 metres, except that for those lots with front lot lines abutting Rosebank Road, the minimum front yard depth shall be 7.6 metres (iv) SIDE YARD WIDTH (minimum): 1.5 metres (v) FLANKAGE SIDE YARD WIDTH (minimum): 4.0 metres (vi) REAR YARD DEPTH (minimum): 7.5 metres (vii)LOT COVERAGE (maximum): 35 percent (viii) BUILDING HEIGHT (maximum): 12.0 metres (ix) DWELLING UNIT REQUIREMENTS: maximum one dwelling unit per lot and minimum gross floor area-residential 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 a street or a reserve on the opposite side of which is a street, except that for the lots with front lot lines abutting Rosebank Road, any vehicular entrance to a l?.rivate garage shall be located not less than 7.6 .metres from the front lot line, and not less than 6.0 metres from any s~de lot line immediately adjoining or abutting a street or a reserve on the opposite side of which is a street. 6. BY-LAW 2511 By-law 2511, 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 2511, 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 con.viction 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). -4- (3) Where a conviction is entere, d under subsection .(1), in addition to any other remedy or penalty by !aw, the.court m which the convicuon has been entered, and any court of compe.tent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. 8. ~ This By-law shall take effe..ct from the day of pa~sing hereof subject to the al~roval of the Ontario Municipal Board, ~f required. READ A FIRST, SECOND AND THIRD TIME AND PASSED THIS 3rd DAY OF December ,1990. BRUCE J. TAYLOR COWAN CIRCLE Z <~ 792m GILLMOSS ROAD SCHEDULE I TO BY-LAW 3598/90 PASSED THIS 3rd DAY OF December 1990 M-~ ¢~Vayn e~[hurs) COWAN