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HomeMy WebLinkAboutBy-law 1975/85THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 1975/85 Being a Zoning 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, Part Lot 21, Concession 2 in the Town of Pickering. (A 59/80; 18T-79004) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of detached dwellings, a commercial block, two public open space blocks and a private open space block; AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE Schedule "I" hereto with notations and thereon are hereby declared to be part references shown of this By-law. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part Lot 21, Concession 2, Pickerin§ designated "Sl", "S2", "S3" "C4 2" and "G" . " . , - , on Schedule "! attached hereto. 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) "Business Office" shall mean a building or part of ~-building in which one or more persons are employed in the management, direction or conducting of a business, a public or private agency, a brokerage or a labour or fraternal organization and may include a financial institution, a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or theatres, but shall not include a retail store. (2) "DKy Cleaning Depot" shall mean a building or part of a building used for the purpose of receiving articles, goods or fabrics to be subjected to dry cleaning and related processes elsewhere, and of distributing articles, goods or fabrics which have been subjected to any such processes. continued... Page 2 (3) (4) (5) (6) (7) (8) (a) "Dwelliqg" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or a 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 Detached or Detached Dwelling" shall mean ~ single dwelling which is freestanding, separate and detached from other main buildings or structures. (d) ]Dwelling Single or dwelling containing accessory thereto. Single Dwelling" shall mean one dwelling unit and uses (a) "Floor Area" 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" shall mean the aggregate of the floor areas of all the storeys of a building or structure, or part thereof as the case may be, other than a private garage, an attic or a cellar. "D (c) _._welling Unit Area" shall mean the aggregate of the floor areas of all habitable rooms of a dwelling unit. "Laundromat" shall mean a self-serve clothes washing establishment containing washing, drying, ironing, finishing or other incidental equipment. (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 Covergge" shall mean the percentage of lot area ~overed by all buildings on the lot. (c) "Lot ~rontage" 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 Store" shall mean a retail store having a gross floor area of not more than 400 square metres in which food, drugs, periodicals or similar items of day- to-day household necessity are kept for retail sale primarily to residents of, or persons employed in the immediate neighbourhood. "Personal Service Shop" shall mean an establishment where a personal service is performed and may include a barber shop, a beauty salon, a shoe repair shop, a tailor or dressmaking shop or a photographic studio, but shall not include a bodyrub parlour as defined in The Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time or any successor thereto. continued... Page 3 (9 (10 (11 "Professional Office" shall mean a building or part of a building in which medical, legal or other professional service is performed or consultation given and which may include a clinic, the offices of an architect, a chartered accountant, an engineer, a lawyer or a physician but shall not include a bodyrub parlour as defined in The Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto. "Private Garage" shall mean an enclosed or partially ~--~closed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise. 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 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 main building or structure on the lot. "Flankage Side Yard" shall mean the 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. continued... Page 4 PROVISIONS (1)(a Uses Permitted ("S1", "S2" and "S3" Zones) No person shall within the lands designated "S1", "S2" and "S3" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following use: '(i) detached dwelling residential use (b Zone Requirements ("Sl", "S2" and "S3" Zones) No person shall within the lands designated "S1", "S2" and "S3" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (i) LOT AREA (minimum): A on lands designated "S1": 450 square metres B on lands designated "S2": 400 square metres C on lands designated "S3": 350 square metres (ii) LOT FRONTAGE (minimum): A on lands designated "S1": 15.0 metres B on lands designated "S2": 13.5 metres C on lands designated "S3": 12.0 metres iii) FRONT YARD DEPTH (minimum): 4.5 metres {iv) INTERIOR SIDE YARD WIDTH: 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, 2.7 metres except that in the case of a corner lot flanking on Valley Farm Road the minimum flankage side yard 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: A maximum one dwelling unit per lot B minimum dwelling unit area 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 a street or abutting on a reserve on the opposite side of which is a street. (xi) SPECIAL REGULATIONS: the horizontal distance between buildings on adjacent lots shall be not less than 1.8 metres. continued... Page $ (e) Uses Permitted ("C4-2" Zone) No person shall wtthtn the lands designated "C4-2" on Schedule "I" hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) business office subject to section 5.(2)(b)(x) (ii) dry cleaning depot (iii) laundromat (iv) neighbourhood store (v) personal service shop (vi) professional office subject to of Section 5.(2)(b)(x) the provisions of the provisions (b) Zone Requirements ("C4-2" Zone} No person shall within the lands designated "C4-2" on Schedule "I" hereto use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (i) LOT AREA (minimum): 0.4 hectares (ii) LOT FRONTAGE (minimum): 45 metres (iii) FRONT YARD DEPTH (minimum): 12 metres (iv) INTERIOR SIDE YARD WIDTH (minimum): (v) FLANKAGE SIDE YARD WIDTH (minimum): 7.5 metres 12 metres (vi) REAR YARD DEPTH (minimum): 7.5 metres (vii) LOT COVERAGE (maximum): 33 percent (viii) BUILDING HEIGHT (maximum): 12 metres (ix) PARKING REQUIREHENTS: A For the purpose of this clause "parking space" shall mean a useable and accessible area of not less than 15.95 square metres, for the temporar~ 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 subject lands a minimum 4.5 parking spaces for each g3 square metres or part thereof gross floor area. C D E Section 5.21.2b) of By-law 3036, as amended, shall not apply to the lands designated "C4-2" on Schedule "I" attached hereto. All parking areas shall be set back a minimum of 3 metres from all lot lines. Notwithstanding Section 5.21.2g) of By-law 3036, as amended, all parking areas shall be paved. continued... Page 6 SPECIAL RESIRICTIONS A The gross floor area of all buildings on the lot shall not exceed 500 square metres. B The gross floor area of all professional and business offices on the lot shall not exceed 200 square metres. (3}{a) 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: {i} greenbelt-conservation uses in accordance with Section 17 of By-law 3036, as amended. 6. BY-LAW 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 "I" attached hereto. (2) 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. 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 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), 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 corporation was first convicted. and not as provided in subsection {1). (3) Where a conviction is entered under subsection (1), in addition to any other remedy or any 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. continued... Page 7 8. EFFECTIVE DATE This By-law sha. ll take effect hereof subject to the approval Board, if required. from the day of passing of the Ontario Municipal READ A FIRST AND SECOND TIME THIS 18th DAY OF February , 1985 READ A THIRD TIME AND PASSED THIS 1Bth DAY DF February , 1985 CLERK THIRD CONCISION gO~O [- G S2 S3 S3 S3 S3 48.0 SCHEDULE T TO BY-LAW ].9'75/85 Page I of ?-. G C4'2 S3 S3 G S3 SCHEDULE 'I'TOBY-LAW PASSED THIS 18tn DAY O~ February 1985 1975/85 FINCH .S1 SUSJ£C l'