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HomeMy WebLinkAboutBy-law 1976/85THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 1976/85 Being a Zoning By-law to amend Restricted Area By-law 3036, as amended, to implement the Official Plan of the Town of Picketing District Planning Area, Region of Durham, in Part Lot 19, Concession 2, in the Town of Picketing. (A 12/82(R); 18T-82016(R)) WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to permit the development of detached dwellings, a public school and a community park to occur on the subject lands being Part Lot 19, Concession 2. AND WHEREAS the 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 "I" Schedule "I" attached hereto with notations and references thereon is hereby declared to be part of this By-law. shown AREA RESTRICTED The provisions of this By-law shall apply to those lands in Lot 19, Concession 2, Picketing, designated "S1", "S2", "S3", S4", "ES" and "CP" on Schedule "I" 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) "Community Park" shall mean a municipal public park. (2) (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) ~Dwelliqg Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent and separate housekeeping unit containing separate kitchen and sanitary facilities. (c) . ln.g)..Si.n~le or Single Dwelling shall mean a d'w J_ ing contai'ni'ng 'on'e 'dwelling 'unit and uses accessory thereto. (d) "Dwellin. g~ Detached or Detached Dwelling" shall mean a single dwelling which is freestanding, separate and detached from other main buildings or structures. (3)(a) (b) (c) (5) Page 2 "Floor Area" shall mean the area of the floor surface contained within the outside walls of a storey or part a storey. of "Gross Floor Area" shall mean the aggregate of the floor areas of all the storeys of a building or structure, or a part thereof as the case may be, other than a private garage, an attic or a cellar. .l~.~welling Unit Area" shall mean the aggregate of the floor areas of ~11 habitable rooms of a dwelling unit. "Lot" shall mean an area of land fronting on a street w~ 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 10t iineS 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. (6) "Public School" shall mean, (a) (b) (c) (7)(a) 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; (b) a college of applied arts and technology established pursuant to the Ministry of Colleges and Universities R.S.O. 1980, or any successor thereto; and Act, 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 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. "Front Yard" shall mean a yard extending across the full width o~ 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 Page 3 (c) (d) (e) (f) (h) (i) "Front Yard Depth" shall mean the shortest horizontal ~"i~'nsion 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. "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 Iine, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot. "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear iot 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 ~r~nt 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. "Side Yard Width" shall mean the shortest horizontal ~i~enJ'i~n 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. "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. "Interior Side Yard" shall mean a side yard other than a flankage side yard. PROVISIONS (1)(a) Uses Permitted ("$1", "S2" and "S3 Zones) No person shall within the lands designated "S1", "S2" "S3" 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 ("S1", "S2" and "S3" Zones) and the folIowing provisions: (i) LOT AREA (minimum): A on the lands designated "S1" B on the lands designated "S2" C on the lands designated "S3" (ii) LOT FRONTAGE (minimum): A on the lands designated "S1" B on the lands designated "S2" C on the lands designated "S3" 450 square metres 400 square metres 350 square metres 15.0 metres 13.5 metres 12.0 metres No person shall within the lands designated "$1", "S2" and "S3" on Schedule "I" attached hereto, use any lot or erect, alter or use any building except in accordance with Page 4 (iii) FRONT YARD DEPTH (minimum): 4.5 metres (iv) INTERIOR SIDE YARD WIDTH (minimum): A minimum ~.2 B minimum 1.8 side. metres each side, or metres one side and no minimum other (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 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: lot and minimum dwelling unit metres. - maximum one dwelling unit per area of 100 square (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 lots 1.8 metres. shall - the horizontal distance between be not less than (2)(a) Uses Permitted ("S4" Zone) No person shall within the lands designated "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) Zqne..Requirements "S4" Zone) No person shall within the lands designated "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) LOT AREA (minimum): 300 square metres (ii) LOT FRONTAGE (minimum): 10 metres (iii) FRONT YARD DEPTH (minimum): 4.5 metres Page 5 (iv) INTERIOR SIDE YARD WIDTH: A minimum 1.2 metres one side, or B no minimum one side so side, 0.6 metres other 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. (v) FLANKAGE SIDE YARD WIDTH (minimum): - 2.7 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: minimum dwelling unit area of - maximum one dwelling unit per lot and 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 lots, 1.2 metres. - the horizontal distance between shall be not less than (3)(a) Use Permitted ("ES" Zone) No person shall within the lands designated "ES" on Schedule "I" attached hereto, use any lot or erect, alter or use any building or structure for any purpose except: (i) public school and uses accessory thereto. (4)(a) Use Permitted ("CP" Zone) No person shall within the lands designated "CP" on Schedule "I" attached hereto, use any lot or erect, alter or use any building or structure for any purpose except: (i) community park. Page 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. ENFORCEMENT (1) Any person who contravenes any By-law is guilty of an offence liable, of the provisions of this and on conviction is (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 (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. EFFECTIVE DATE This By-law shall take effect from the subject to the approval of the Ontario required. day of passing hereof Municipal Board, if READ A FIRST AND SECOND TIME THIS 18th DAY OF February, 1985 READ A THIRD TIME AND PASSED THIS 18th DAY OF February , 1985 CLERK l/ FINCH CP SCHEDULE T TO BY- LAW PASSED THIS 18th DAY OF February 1985 1976/85 /CL~RK / ,/ SUBJECT PROPERTY FI#CH I I I I I · · I I I I · I y Y SCHEDULE 2 (i) PURPOSE AND EFFECT OF BY-LAW 1976/85 The purpose and effect of By-law 1976/85 is to permit the de- velopment of detached dwellings, a public school and a comm- unity park to occur. U Schedule 3 STATEMENT OF CONFORMITY TO THE OFFICIAL PLAN FOR THE REGIONAL MUNICIPALITY OF DURHAM I , Mofeed Michael , the Chief Planning Officer of The Regional Municipality of Durham, have reviewed By-law 1976/85 of the Town of Pickering. I am of the opinion that this By-law is in conformity with the Official Plan in effect for the Durham Planning Area. Dated this 28 day of February, 1985. Dr . M. Michael , .C . I .P . Commissioner of Planning This Schedule 3 is issued to the Town of Pickering for By-law 1976/85 pursuant to Ontario Regulation 78/80, a regulation made under the Planning Act .