HomeMy WebLinkAboutBy-law 2311/86Ontario
R 860543
Ontario Municipal Board ~ ; , · r'
Commission des affaires municipales de I'Ontario ' ~ "' ..... : -; ' ,', :i
IN THE MATTER OF Section 34 of the
Planning Act, 1983
AND IN THE MATTER OF an appeal by
Joseph Jagecic, against Zoning By-law
2311/86 of The Corporation of the
Town of Pickering
BEFORE:
P.M. BROOKS
Vi ce-Chairman
- and -
J.R. MILLS
Member
Tuesday, the 30th day
of December, 1986
THE APPEAL against By-law 231]/86 having been withdrawn;
THE BOARD ORDERS that the appeal is hereby dismissed.
SECRETARY
THE CORPORATION OF THE TO~I OF PICK~RING
BY-LAW NUMBER 23~1/86
Being a By-law to amend Restricted Area (Zoning)
By-law 3036, as amended, to implement the Official
Plan of the Town of Pickering District Planning
Area, Region of Durham, in Part of Lots 29 and 30,
Concession 1, in the Town of Pickering.
(A 30/83(R); 18T-83022)
%;HEREAS the Council of the Corporation of the Town of Pickering
deems it desirable to permit the development of detached
residential units, a school and a park to occur on the subject
lands being Part of Lots 29 and 30, Concession 1;
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 FOLLO%~S:
SCHEDULE
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
Part of Lots 29 and 30,
"Si", "S2", "S4", "ES"
hereto.
By-law shall apply to those lands in
Concession 1, Pickering, designated
and "NP" on Schedule "I" attached
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.
4. DEFINITIONS
In this By-law,
(1) (a)
"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;
(2)
(a)
(b)
(3) (a)
(4)
(5)
"Floor Area-Residential" shall mean the area of the
surface contained within the outside walls of a
storey or part of a storey;
floor
"Gross Floor Area-Residential" shall mean the aggregate
of the floor areas of all storeys of all buildings or
structures, used for residential purposes, other than
a private garage, an attic or a cellar;
"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;
"Neighbourhood Park" shall mean a municipal public park;
"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;
(6) "Public School" shall mean,
(a)
(b)
a school under the jurisdiction of a board of education
which board is established pursuant to the Education Act,
R.S.O. 1980, or any successor thereto;
(c)
a college of applied arts and technology established
pursuant to the Ministry of Colleges and Universities
Act, R.S.O. 1980, or any successor thereto; and
(7) (a)
a university eligible to receive provincial funding from
the Minister of Education, Colleges and Universities,
pursuant to the Ministry of Colleges and Universities Act,
R.S.O. 1980, or any successor thereto.
"Yard" shall mean an area of land which is appurtenant
to ~ 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)
(f)
(g)
(h)
(i)
(i)
"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;
"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 the nearest main building
or structure on the lot;
"Side Yard Width" shall mean the shortest horizontal
dimension of a side yard of a lot between the side lot
line and the nearest main wall of the nearest main
building or structure on the lot;
"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;
"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 main wall of the nearest
main building or structure on the lot;
"Interior Side Yard" shall mean a side yard other than a
flankage side yard;
e
PROVISIONS
(1) (a) Uses Permitted ("Si" Zone)
No person shall within the lands designated "Si"
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 use
(b) Zone Requirements ("Si" Zone)
No person shall within the lands designated "S1'
on Schedule "I" attached hereto, use any lot or
erect, alter or use any building except in
accordance ;~ith 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) INTERIOR SIDE YARD WIDTH (minimum):
A minimum 1.2 metres each side, or
B minimum 1.8 metres one side and no minimum
other side
(v) FLANKAGE SIDE YARD WIDTH
(minimum):
(vi) REAR YARD DEPTH (minimum):
2.7 metres
7.5 metres
4
(vii) LOT COVERAGE (maximum):
38 percent
(viii) BUILDING HEIGHT (maximum): 12 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 on a reserve on the opposite side
of which is a street
(xi)
SPECIAL REGULATIONS:
buildings on adjacent
than 1.8 metres
the horizontal
distance between
lots shall not be less
(2) (a) Uses Permitted ("S2" and "S4" Zones)
No person shall within the lands designated "S2" and
"S4" 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 ("S2" and "S4" Zones)
No person shall within the lands designated "S2" and
"S4" 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):
A on the lands designated "S2": 300 square metres
B on the lands designated "S4": 250 square metres
(ii) LOT FRONTAGE (minimum):
A on the lands designated "S2": 11 metres
B on the lands designated "S4": 9 metres
(iii) FRONT YARD DEPTH (minimum):
4.5 metres
(iv) INTERIOR SIDE YARD ~;IDTH:
A minimum 1.2 metres one side, 0.6 metres other
side, or
B no minimum one side so long as on the other side:
(i)
at least 1.2 metres interior side yard width
is provided to the nearest wall of a private
garage, and
(II)
at least 1.8 metres interior side yard width
is provided to any other wall of the main
dwelling
5
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(ix)
FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres
REAR YARD DEPTH (minimum):
7.5 metres
LOT COVERAGE (maximum):
38 percent
BUILDING HEIGH~ (maximum): 12 metres
D%~ELLING UNIT REQUIREMENTS:
per lot and minimum gross floor
of 100 square metres.
maximum one
dwelling unit
area-residential
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
SPECIAL REGULATIONS:
buildings on adjacent
1.2 metres
lots, shall
the horizontal
distance between
be not less than
(3) (a) Uses Permitted ("ES" Zone)
No person shall within the lands designated "ES" on
Schedule "I" attached hereto, use any lot or erect,
alter or use and building or structure for any purpose
except the following:
(i) public school and uses accessory thereto
(3) Uses Permittted ("~P" Zone)
No person shall within the lands designated "NP" on
"I" attached hereto, use any lot or erect, alter or
building or structure for any purpose except:
(i) neighbourhood park
Schedule
use any
6. BY-LAW 3036
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 "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 3036, as amended.
7. ENFORCZMENT
(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
first convicted.
was
6
(2) %~ere 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) ¥~ere 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.
8. EFFECTIVE DATE
This By-law shall take effect from the day of passing hereof
subject to the approval of the Ontario ~lunicipal Board, if
required.
READ A FIRST AND SECOND TIME THIS 6th DAY OF October
· 1986.
READ A THIRD TIME AND PASSED THIS
N E. ANDERSON
6th
DAY OF October
BRUCE J. TAYLOR
TOWN OF
PlCK ER'. f'~ C..
APSR~)VE,9
AS 10
LSG;,L DEP¥.
~ S2..o
ROAO
S1
SCHEDULE 'I' TOBY-LAW
P~ge I of 2
NOTE ~ ALL DIMENSIONS SHOWN ARE IN METRES
N
S4
CRESCENT
HIGHVIEW
NP
ES
SCHEDULE T TO BY-LAW 2.311/86
PASSED THIS, 6th
DAY OF. October 1986
Poge 2 of 2
.OTE - ALL m~ESS~O.S S.OW~ ARE ~. ~ETRES