HomeMy WebLinkAboutBy-law 2045/85THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 2045/85
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 20, Concession
1 (Part 9, Plan 40R-2181), in the Town of Picketing.
(A 5/85)
WHEREAS the Council of the Corporation of the Town of Picketing
deems it desirable to permit an expansion to the existing day nursery
facility to permit an enrollment of ninety children in addition to a
residential use, on the subject lands being Part Lot 20, Concession 1
(Part 9, Plan 40R-2181);
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 FOLLOWS:
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 lands in
Part Lot 20, Concession 1 (Part 9, Plan 40R-2181), Picketing,
designated "S2-DN(90)" 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)
"Day Nursery" shall mean lands and premises duly
licenced pursuant to the provisions of The Day Nurseries
Act, or any successor thereto, and for the use as a
facility for the daytime care of children;
(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)
"Dwe~lin~ 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;
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(3)
(4)
(5)
(6)
(c)
"Dwelling, Single or _~ingle_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;
(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 - 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" sball 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 Gara$~" 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;
(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;
"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 the nearest main building or
structure on the lot;
(g)
(h)
(i)
"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;
"Interior Side Yard" shall mean a side yard other than
flankage side yard;
5. PROVISIONS
(1) (@) Uses Permitted ("S2-DN" Zone)
No person shall within the lands designated "S2-DN" on
Schedule "I" attached hereto use any lot or erect,
alter or use any building or structure for @ny purpose
except the following:
(i) single detached dwelling residential use
(ii) day nursery subject to the provisions of
paragraph 5.(1)(b)(xi)C
(b) Zone Requirements ("S2-DN" Zone)
No person shall within the lands designated "S2-DN"
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): 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):
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
minimum gross
metres;
REQUIREMENTS: maximum one dwelling
unit per lot and
floor area-residential of 100 square
(x) PARKING REQUIREMENTS:
For the purpose of this clause, "parking
space" shall mean a usable and accessible
area of not less than 15.95 square metres,
for the temporary parking of a vehicle, but
shall not include any portion of parking
aisle or driveway;
There shall be provided and maintained a
minimum of two parking spaces for a single
dwelling residential use;
There shall be provided and maintained a
minimum of five parking spaces for each 93
square metres or part tbereof of activity room
area associated with the day nursery use;
(xi) SPECIAL REGULATIONS:
A The horizontal distance between buildings on
adjacent lots shall be not less than 1.8
metres;
B Subsection 5.21.2 b) of By-law 3036 shall not
apply to the area set out in Schedule "I"
attached hereto;
C Not more than ninety children at any one time
may be permitted.
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 deal 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
(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).
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(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.
8. 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 l?th DAY OF June
, 1985.
READ A THIRD TIME AND PASSED THIS 16~h DAY OF December , 1985.
h~4K~9 R ,' CL. ERK
TOWN OF
APF~OVED....__ f ~
FINCH AVENUE
SCHEOULE "I" TO BY-LAW
PASSED THIS 16th
DAY OF December 1985
~'CLERK
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