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HomeMy WebLinkAboutBy-law 1865/84THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 1865/84 Being a Zoning By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, on Block A, Plan M-1024 in the Town of Pickering. (A 31/83) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of a convenience commercial and residential uses on the subject lands being Block A, Plan M-1024, in the Town of Pickering. 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: SCHEDULES "I" and "II" Schedules "I" and "II" hereto with notations and references shown thereon is hereby declared to be part of this By-law. AREA RESTRICTED The provisions of this By-law shall apply to those lands designated"CIO-R" and "SA" on Schedule "I" attached hereto, being Block A, Plan M-1024, Pickering. 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) "Dry 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. (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 a trailer. (b) "Dwelling Unit" shall mean one or more habitable rooms occupied or capable of being orcupied as a single, independent and separate housekeeping unit containing a separate kitchen and sanitary facilities. continued... Page 2 (4) (5) (6) (7) (c) "Dwelling, Single or Single Dwelling" shall mean dwelling containing one dwelling unit and uses accessory thereto. a (d) "Single Attached Dwelling" shall mean one of a group of not less than three single adjacent dwelling units, attached together horizontally by an above grade common wall. "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged, and which includes a chartered bank or a branch thereof; (a) "Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade, but shall exclude the floor area of any parts of the building used for mechanical equipment, stairwells, elevators, and any part of the building below established grade other than that used for retail commercial or office purposes; (b) "Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade, designed for owner or tenant occupancy or exclusive use only, but excluding storage areas below established grade; (c) "Dwelling Unit Area" shall mean the aggregate of the floor areas of all habitable rooms of a dwelling unit. (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 a lot area covered by all buildings on the lot; (c) "Lot ~on~age" shall mean the width of a lot between the smoe 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 established in which a personal service is performed and which 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 body-rub 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 (s) (9) (19) "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; "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 body-rub parlour as defined in the Municipal Act, R.S.O. lg80, Chapter 302, as amended from time to time, or any successor thereto. (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 Dgpth" 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. (fl "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. (gl "Side Yard Width" shall mean the shortest horizontal dimension 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. (h) "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. PROVISIONS (1} (al Uses Permitted ("SA" Zone) No person shall within the land designated "SA" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: continued... Page 4 Single-attached dwelling residential use (b) Zone Requirements ("SA" Zone) No person shall within the lands designated "SA" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: ( (i (i) LOT AREA (minimum): ii) LOT FRONTAGE (minimum): ii) (iv) (v) vi) 200 square metres (vii) 6.0 metres YARD REQUIREMENTS 'minimum): as illustrated on Schedule II - except that no side yard shall be provided on the side where dwellings on abutting lots 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: A 1.2 metres measured perpendicularly to such side lot line if no abutting side yard is provided on the abutting lot, or 0.6 metres measured perpendicularly to such side lot line if an abutting side yard is provided on the abutting lot LOT COVERAGE (maximum): BUILDING HEIGHT (maximum): 40 percent DWELLING UNIT REQUIREMENTS: lot and minimum dwelling unit metres 12 metres maximum one (1) dwelling unit per area of 100 square PARKING REQUIREMENTS: minimum one (1) private garage per lot attached to the main building and located not less than 6 metres from the front lot line. (2) (a) Uses Permitted ("CIO-R" Zone) No person shall within the lands designated "CIO-R" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) subject to the provisions of paragraph (2)(b)(v)A of this Section, dwelling unit. (ii) subject to the provisions of paragraph (2)(b)(v)B of this Section, dry cleaning depot, financial institution, neighbourhood store, personal service shop and professional office. continued... Page 5 (b) Zone Requirements ("C]O-R" Zone) No person shall within the lands designated "ClO-R" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (il YARD REQUIREMENTS (minimum): A The zone boundary of the lands designated "CIO-R" on Schedule "I" which abuts a street shall be deemed to be a front lot line and the minimum setback of any building or structure, except a sign, from a front lot line shall be 4.5 metres. B All zone boundaries of the lands designated "ClO-R" on Schedule "I" not abutting a street shall be deemed to be~.side lot lines and the minimum setback of any building or structure except a sign, from a side lot line shall be 1.2 metres. There shall be no other front lot lines, no other side lot lines, no flankage lot lines and no rear lot lines. (ii) LOT COVERAGE (maximum): 33 percent (iii) BUILDING HEIGHT (maximum): 12 metres (iv) 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 a parking aisle or driveway; For each establishment having any of the following uses there shall be provided and maintained on the lot generating the requirement a minimum of 4.0 parking spaces for each 93 square metres or part thereof of gross leasable floor area of the establishment: dry cleaning depot financial institution neighbourhood store personal service shop professional office For each dwelling unit there shall be provided and maintained on the lot generating the requirement a minimum of 1.5 parking spaces. continued... Page 6 (v) SPECIAL RESTRICTIONS: A For Dwelling Unit (I no dwelling unit shall contain more that two bedrooms. (II no dwelling unit shall be located elsewhere than on the second storey of a building containing any uses permitted in paragraph (2){a){ii) to (2){a)(vi) inclusive, of this section. (III Not less than six and not more than seven dwelling units shall be permitted within the area designated "CIO-R" on Schedule "I" hereto. B For Other Permitted Uses (I) the aggregate of the gross leasable floor area of all dry cleaning depots, financial institutions, neighbourhood stores, personal service shops and professional offices shall not exceed 500 square metres. (II) Section 5.18 a) Accessory Buildings and Uses, of By-law 3036 shall not apply to the area designated "CIO-R" on Schedule "I" hereto. 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, on a first conviction a fine of not more than $50,000; and (b) on a subsequent conviction of a fine of not more than $25,000 for each day or part thereof upon which the contravention has continued after the day on which the corporation was first convicted, and not as provided in subsection {1}. continued... Page 7 (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. 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 matter not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended, except that subsections 2.2.1, 5.21.2 b) and 5.21.2 d) of By-law 3036 shall not apply to the area set out in Schedule "I" hereto. 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 3rd DAY OF July · 1984. READ A THIRD TIME AND PASSED THIS 3rd DAY OF July , 1984. CLE~RK SA P~LO,.,K A M - i024 N SCHEDULE 'X' TO BY-LAW 1865/84 PASSED THIS 3rd DAY OF July 1984 CLERK Z I P. LO,,K A M - i024 N SCHEDULE '~' TO BY-LAW 1865/84 PASSED THIS 3rd DAY OF July 1984 CLERK Ir ; ."4„1, , / ri1 — FINCH AVENUE ..gas g illl 11111 Wila II J • P _a giIC p =lir cc 1.. -44p, i) il 2 - , „,„:010 0`��,0). , . drib �.. / �`�'s itilla!1;11 l�' Iilii� /���jilllll/'w�M 1111111��11 jlillll11���� 11111► ,—■/111iIi Y /1 MI i _ TA a :1111111II, •1111111111, -iii 3 SUBJECT PROPERTY 1111111111111111 Q 11 111//1111 111111111111111111 iiiii DIEFENOAK R �+' W. I �trr SHEg ir °P.,0, No. ►WNW p`( , *lg. . le-a 1H:1"z” . dr UY I Ri ..._. 11 ■ 11141111 : 1U lana.• 1 % ,_,... ___-, , 1 7,[n