HomeMy WebLinkAboutBy-law 1998/85THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 1998/85
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 Lot 25, Concession 1~
in the Town of Picketing] (A 105/81 187-81039)
WHEREAS the Council of the Corporation of the Town of Picketing
deems it desirable to permit the development of detached dwellings,
semi-detached dwellings, a greenbelt conservation area, a community
park and a public school to occur on the subject lands being Part Lot
25~ Concession 1.
AND WHEREAS the amendmen~ 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" hereto with notations and references
is hereby declared to be part of this By-law.
shown thereon
2. AREA RESTRICTED
The provisions of this By-law shall apply to those lands in Lot
25, Concession 1~ Pickering, designated "S1", "S2"~ "S4", "S-SD",
"CP"~ "ES" and "G" 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·
4. DEFINITIONS
In this By-law,
(1) "Community Park" shall mean a municipal public park
including recreation uses and buildings, and uses
accessory thereto]
(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.
2
(3)
(5)
(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 facilitiesY
(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) "Dwelling~ Semi-detached or Semi-detached Dwelling"
shall mean one of a pair of single dwellings, such
dwellings being attached together horizontally in
whole or in part above and/or below grade.
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 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.
c)
"Dwelling Unit Area" shall mean the aggregate of
the floor areas of all habitable rooms of a dwelling
unit.
"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.
"Lot Coverage" shall mean the percentage of lot area
covered by all buildings on the lot, except that where a
one-storey detached dwelling is constructed on a lot, lot
coverage shall not include the area of the lot, covered by
a private garage.
(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~
(6) "Public School" shall mean,
(a)
a school under the jurisdiction of a board
which board is established pursuant to the
R~S~O. 1980, or any successor thereto;
of education
Education Act~
3
(7)
(b)
(c)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(i>
a college of applied arts and technology established
pursuant to the Ministry of Colleges and Universities
Act~ R2S.Of 1980, or any successor thereto; and
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 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~
"Front Yard Depth" shall mean the shortest horizontal
dimension of a front yard of a lot between the front lot
iine and the nearest wall of 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 line; 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 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.
"Flankate Side Yard" shall mean a side yard
adjoining a street or abutting on a reserve
opposite side of which is a street.
immediately
on the
"Interior Side Yard" shall mean a yard other than a
flankage side yardi
5] PROVISIONS
(1) (a) Uses Permitted ("S1" and "S2" Zones)
No person shall within the lands designated "S1"
and "S2" on Schedule "I" use any lot or erect~
alter or use any building or structure for any
purpose except the following:
(i) detached dwelling residential uses
4
(2) (a)
Zone Requirements ("S1" and "S2" Zones)
No person shall within the lands designated "S1"
and "S2" on Schedule "I" 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 "S1": 450 square metres
B on the lands designated "S2": 400 square metres
(ii) LOT FRONTAGE (minimum):
A on the lands designated "S1": 15.0 metres
B on the lands designated "S2": 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): 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 1 dwelling
unit per lot and
100 square metres.
(x)
PARKING REQUIREMENTS: minimum 1 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: the horizontal
distance between
buildings on adjacent lots to which this section
applies shall not be less than 1.8 metres.
1.8 metres.
Uses Permitted ("S4" Zone)
No person shall within the lands designated "S4" on
Schedule "I" hereto, use any lot or erect, alter or use
any building or structure for any purpose except the
following:
(i) detached dwelling residential uses
5
(b) Zone Requirements ("S4" Zone)
No person shall within the lands designated "S4" on
Schedule "I" hereto~ use any lot or erect, alter or use
any building except in accordance with the following
provisions:
(i) LOT AREA (minimum):
250 square metres
(ii) LOT FRONTAGE (minimum):
9 metres
(iii) FRONT YARD DEPTH (minimum):
4 ~5 metres
(iv) INTERIOR SIDE YARD WIDTH:
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 112 metres interior side yard width
is provided to the nearest wall of a private
garage, and
(II)
at least 118 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: maximum I dwelling
unit per lot and
minimum dwelling unit area of 100 square metres
(x)
PARKING REQUIREMENTS: minimum 1 private
garage per lot
attached to the main building, any vehicular entrance
of which shall be located not less than 620 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.
(ix)
SPECIAL REGULATIONS:
buildings on adjacent
metres2
lots shall
the horizontal
distance between
be not less than 112
(3) (a) Uses Permitted ("S-SD" Zone)
No person shall within the lands designated "S-SD" on
Schedule "I" hereto, use any lot or erect, alter or use
and building or structure for any purpose except the
following:
(i) detached dwelling residential use
(ii) semi-detached dwelling residential use
(b) Zone Requirements ("S-SD" Zone)
No person shall within the lands designated "S-SD" on
Schedule "I" hereto, use any lot or erect, alter or use
building or structure except in accordance with the
following provisions:
(i) LOT AREA (minimum): 225 square metres
(ii) LOT FRONTAGE (minimum):
7.5 metres
(iii) FRONT YARD DEPTH (minimum):
4.5 metres
(iv) INTERIOR SIDE YARD WIDTH:
A for single detached dwellings
(I) minimum 1.2 metres one side, 0.6 metres other
side, or
(II) no minimum one side so long as on the other side:
at least 1.2 metres interior side yard width
is provided to the nearest wall of a private
garage, and
2. at least 1.8 metres interior side yard width
is provided to any other wall of the main
dwelling.
B
for semi-detached dwellings attached horizontally
in whole or in part above grade: 1.2 metres,
except that
no interior side yard shall be provided on the side
where dwellings are attached together, so long as
every wall on such side which is not part of a
common wall extending along the side lot line
separating such lots, or is not a direct extension
thereof, shall be set back from the side lot line
separating such lots as follows:
1.2 metres measured perpendicularly to such side
lot line if no abutting side yard of at least
0.6 metres is provided on the abutting lot, or
{Ii)
0.6 metres measured perpendicularly to such side
lot line if an abutting side yard is provided on
the abutting lot
C for all other semi-detached dwellings:
(I) minimum 1.2 metres one side, 0.6 metres other
side, or
(II) no minimum one side so long as on the other side
1. at least 1.2
is provided
garage, and
metres interior side yard width
to the nearest wall of a private
2. at least 1.8 metres interior side yard width
is provided to any other wall of the main
dwelling.
7
(v) FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres
(vi) REAR YARD DEPTH (minimum):
7.5 metres
(vii) LOT COVERAGE (maximum):
40 percent
(viii) BUILDING HEIGHT (maximum):
12 metres
(ix)
DWELLING UNIT REQUIREMENTS:
lot and minimum dwelling unit area
of
maximum one
dwelling unit per
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
attached in whole or
less than 1.2 metres.
the horizontal
distance between
lots, except if such buildings are
in part above ground shall be not
(4) Uses Permitted ("G" Zone)
No person shall within the lands
"I" hereto, use any lot or erect
structure for any purpose except:
designated "G" on Schedule
alter or use any building or
(i) greenbelt-conservation uses in accordance with section
17 of By-law 5036 as amended.
(5) 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
(6) 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
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 "II" 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~ ENFORCEMENT
2)
3)
8
Any person who contravenes any of the provisions of this
By-law is guilty of an offence and on conviction ia liable,
(a) on a first conviction to a fine of nob 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.
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
~50,00u, and
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 convictedJ
and not as provided in subsection (1).
Where a conviction is entered under subsection (12), 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 day of passing hereof
subject to the approval of the Ontario Municipal Board, if
required.
READ A FIRST AND SECOND TIME THIS 1st DAY OF April , 1985~
READ A THIRD TIME AND PASSED THIS
1st DAY OF April
FINCH AVENUE
G
$1
S2
S
s.so
CP
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RAMBLEBERRY AVE.
SCHEDULE T TO BY-LAW 1998/85
PASSED THIS
DAY OF April 1985
-;'CLERK
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