Loading...
HomeMy WebLinkAboutBy-law 2044/85THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 5044/85 Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the Town of Picketing District Planning Area, Region of Durham, Part Lots 7 and 8, Concession 5, in the Town of Picketing. (A 34/84) (18T-84043) WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to permit the development of residential dwelling units, private open space and hazard land open space to occur on the subject lands being Part Lots 7 and 8, Concession 5, in the Town of Picketing; AND WHEREAS an amendment to By-law 3037, as amended, deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE HEREBY ENACTS AS FOLLOWS: is therefore TOWN OF PICKERING SCHEDULE "I" Schedule "I" attached hereto with notations shown thereon is hereby declared to be part and references of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those iands in Part Lots 7 and 8, Concession 5, Town of Picketing, designated "ER", "OS-P" and "OS-H" on Schedule "I" attached hereto. 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) "Dwelliq$" 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) "Dwellin~ 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) "Dwellin~ Single or Single Dwelling" shall mean a dwelling containing one dwelling unit and uses accessory thereto; (d) "Dwellin~r Detached or Detached Dwelling" shall mean a single dwelling which is freestanding, separate and detached from other main buildings or structures; 2 (3) (~) (f) "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 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; (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) "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; (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 a 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 structur on the lot; (c) "Front Yard D~pth" 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 th 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 the nearest main buildin 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 wall of the nearest main building or structure on the lot; 3 (h) ~'~lanka~e 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; (i) "Interior Side Yard" shall mean a side yard other than a '~lankage side yard; 5. PROVISIONS (1) (a) (b) (viii) (ix) Uses Permitted ("ER" Zone) No person shall within the lands designated "ER" on Schedule "I" attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) single detached dwelling residential use Zone Requirements ("ER" Zone) No person shall within the lands designated "ER" 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): 0.6 hectares (ii) LOT FRONTAGE (minimum): 30 metres (iii) FRONT YARD DEPTH (minimum): 15 metres (iv) INTERIOR YARD WIDTH (minimum): 7.5 metres (v) FLANKAGE SIDE YARD WIDTH (minimum): 7.5 metres (vi) REAR YARD DEPTH (minimum): 15 metres (vii) LOT COVERAGE (maximum): 20 percent BUILDING HEIGHT (maximum): 12 metres DWELLING UNIT REQUIREMENTS: A maximum one dwelling unit per lot B minimum gross floor area residential 140 squar~ metres (x) PARKING REQUIREMENTS: A minimum two parking spaces Ba detached private garage may be erected in a side yard or a front yard provided that such garage is located not less from the side lot line and not metres from the front lot line than 7.5 metre~ less than 15 (xi) ACCESSORY STRUCTURE REQUIREMENTS: all accessory structures, except a detached private garage, which are not part of the main building, shall be erected in th, rear yard and shall be not less than one metre from any side lot line 4 (2) (a) Uses Permitted ("OS-P" Zone) No person shall within the lands designated "OS-P" on Schedule "I" attached hereto, use any lot or erect, alter or use any building or structure for any purpose except passive and active recreational uses, which may include parks, play areas, skating rinks, tennis courts, badminton courts, bathing stations, boating facilities and picnic areas. (b) Zone Requirement~ ("OS-P" Zone) No person shall within the lands designated "OS-P" on Schedule "I" attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (i) YARD REQUIREMENTS (minimum): the minimum setback of any buiiding or structure from every lot line shall be 7.5 metres. (ii) LOT COVERAGE (maximum): 20 percent (iii) BUILDING HEIGHT (maximum): 12 metres (iv) PARKING REQUIREMENTS: all parking spaces and aisles shall be set back a minimum of 3 metres from any lot line (3) (a) Uses Permitted ("OS-B" Zone) No person shall within the lands designated "OS-H" on Schedule "I" attached hereto, use any land for any purpose except the preservation and conservation of the natural environment, soil and wildlife. (b) Z. one Requirements ("OS-H" Zone) No buildings or structures shall be permitted to be erected, nor any existing buildings or structures be modified or changed, nor shall the placing or removal of fill be permitted, except where buildings or structures are used only for purposes of flood or erosion control. 6. BY-LAW 3037 By-law 3037, 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 3037, 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 first convicted. was 5 (2) (3) 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). 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. 8. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Beard, if required. READ A FIRST AND SECOND TIME THIS 17th DAY OF June 1985. READ A THIRD TIME AND PASSED THIS 17th DAY OF June , 1985. ~CLERt( ER OS'P ER ER OS'H CONCESSION ROAD S ALL DIMENSIONS SHO~N ARE IN METRES SCHEDULE "'[" TO BY-LAW PASSED THIS l?th DAY OF ~Tune 1985 2r)44/85 CLERK 'I ~ CONC~SS~ON~ ROAD 5 TOWN 0 F AJAX