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HomeMy WebLinkAboutBy-law 1543/82THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 1543/82 Being a Restricted Area By-law to amend Restricted Area By-law 3036, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, Part Lots 29 and 30, Concession l, in the Town of Pickering. WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of single detached dwellings, semi-detached dwellings, single attached dwellings, a church and day nursery, a public school, and a neighbourhood park to occur on Part of Lots 29 and 30, Concession l; 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" hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this by-law shall apply to those lands in Lots 29 and 30, Concession 1, Pickering, designated "Sl", "S-SD-SA", "I(C)-DN", "SI-ES" and "NP" 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) "Church"shall mean a building dedicated to religious wors-~ and may include a Sunday School or parish hall as an accessory use; (2) "Day Nursery, Type A" shall mean "lands and premises duly licenced pursuant to The Day Nurseries Act, or any successor thereto, for use as a facility for the day- time care of not more than forty (40) children at any one time. continued... (3) (4) (s) (6) {7) (8) (g) (a) "Dwelling" shall mean a building or part of a bu'~ldin~ containing one or more dwelling units. (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 facilities. (c) "Single Dwelling" shall mean a dwelling containing one dwelling unit and uses accessory thereto. (d) "Single Detached Dwelling" shall mean a single dwelling wh'i'ch is freestanding, separate and detached from other main buildings or structures. (e) "Semi-Detached Dwel.lin.g" shall mean one of a pair ~ sin'~'le dwellings, such dwellings being attached together horizontally by an above grade common wall. (f) "Single Attached Dwelling" shall mean one of a group 'of not l'ess than 3 and not more than 6 single dwellings, adjacent dwellings being attached together horizontally by an above grade common wall. (a) "Floor Area"shall mean the area of the floor ~urface 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 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. (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 ~ 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 Cover.age" shall mean the percentage of lot area covered by all buildings on the lot. "Lot Frontage"shall t--~e side lot lines 7.5 metres distant mean the width of a lot between measured along a line parallel to and from the front lot line. "Neighbourhood Park" shall mean a municipal public park including recreation uses and buildings, and uses accessory thereto. "Private Garage" shall mean an enclosed or partially enclo'sed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise. continued... (10) "Public School" shall mean, (ll) (a) a school under the jurisdiction of a board of education which board is established pursuant to The Education Act, 1974, or any successor thereto: (b) a college of applied arts and technology established pursuant to The Ministry of Colleges and Universities Act, 1971, or any successor thereto; (c) a university eligible to receive provincial funding from the Minister of Colleges and Universities, pursuant to The Ministry of Colleges and Universities Act, 1971, or any successor thereto. (a) "Yard" shall mean an area of land which is appu--ft[enant 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. (d) "Rear Yard" shall mean a yard extending across the full ~idth 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 hor'izontal 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 nearest main building or structure on the lot. "Side Yard Width" shall mean the shortest hor'izontal dime'~sion of a side yard of a lot between the side lot line and 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. (i) "Interior Side Yard" shall mean a side yard other than a flankage side yard. continued... PROVISI (1) (a) ONS Uses Permitted ("Sl" Zone) No person shall within the lands designated "Sl" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) single detached dwelling residential uses 5. (1) (b) Zone Requirements ("Sl" Zone) No person shall within the lands designated "Sl" on Schedule "I" hereto, use any lot or erect, alter or use any building or struction 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): 1.2 metres (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: (x) A maximum one (1) dwelling unit per lot B minimum dwelling unit area 100 square metres PARKING REQUIREMENTS: minimum one private garage per lot attached to the main building and located not less than six (6) metres from the front lot line. 5. (2) (a) Uses Permitted ("S-SD-SA" Zone) No person shall within the lands designated "S-SD-SA" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) single detached dwelling residential uses (ii) semi-detached dwelling residential uses (iii) single attached dwelling residential uses 5. (2) (b) Zone Requirements ("S-SD-SA" Zone) No person shall within the lands designated "S-SD-SA" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: continued... ii) LOT AREA (minimum): A for single detached dwellings: 250 square metres B for semi-detached dwellings: 225 square metres C for single attached dwellings: 200 square metres (ii) LOT FRONTAGE (minimum): (iii) (iv) iv) (vi) (vii) (viii) (ix) A for single detached dwellings: 9 metres B for semi-detached dwellings: 7.5 metres C for single attached dwellings: 6.7 metres FRONT YARD DEPTH (minimum): 4.5 metres INTERIOR SIDE YARD WIDTH (minimum): A for single detached dwellings: 1.2 metres one side, 0.6 metres other side or no interior side yard one side so long as 1.8 metres is provided on the other side. B for semi-detached and single attached dwellings: 1.2 metres, except that no interior side yard shall be provided on the side where dwellings on adjacent 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 a minimum of 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. FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres REAR YARD DEPTH (minimum): 7.5 metres LOT COVERAGE (maximum): A for single detached dwellings: 38 percent B for semi-detached and single attached dwellings: 40 percent BUILDING HEIGHT (maximum): 12 metres DWELLING UNIT REQUIREMENTS: A no less than 175 and not more than 230 dwelling units shall be permitted within the area designated "S-SD-SA" on Schedule "I" hereto. B maximum 1 dwelling unit per lot C minimum dwelling unit area lO0 square metres continued... (3) (a) (3) (b) {x) PARKING REQUIREMENTS: minimum one (l) private garage per lot attached to the main building and located not less than 6 metres from the front lot line. (xi) SPECIAL REGULATIONS: A no windows from habitable rooms or doors shall be permitted on a wall of any building when that wall of the building is closer than 1.2 metres to the side lot line closest to it; B the horizontal distance between buildings on adjacent lots, except if such buildings are attached together in whole or in part, shall be not less than 1.2 metres. Uses Permitted ("I{C)-DN" Zone) No person shall within the lands designated "I(C)-DN" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) church (ii) day nursery, Type A subject to the provisions of subclause (v).of clause (b) of this subsection Zone Requirements ("I(C)-DN" Zone) No person shall within the lands designated "I(C)-DN" on Schedule "I" hereto u~e any lot or erect, alter or use any building or structure except in accorance with the following provisions: (i) BUILDING SETBACK REQUIREMENT (minimum): (ii) LOT COVERAGE {maximum): (iii) PARKING REQUIREMENTS PER LOT (minimum): (iv) SUPPLEMENTARY PARKING 6 metres from any lot line 33 percent one (1) space per four (4) persons church capacity REGULATIONS: Notwithstanding Section 2.57 of By-law 3036, as amended, a parking space shall mean a useable and accessible space having a minimum width of 2.7 metres and a minimum depth of 5.5 metres, excluding aisle space and driveways to the parking lot, for the temporary parking of a vehicle. (v) B Section 5.21.2 a) and Section 5.21.2 b) of By-law 3036, as amended, shall not apply. C All parking areas shall be set back a minimum distance of 3 metres from all lot lines. D Notwithstanding Section 5.21.2 g) of By-law 3036, as amended, all parking areas shall be paved. A day nursery-type A shall be permitted only if conducted within the same building as a church continued... (4) (a) (4) (b) Uses Permitted ("Sl-ES"Zone) No person shall within the lands designated "SI-ES" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) single detached dwelling residential uses (ii) public school and uses accessory thereto (iii) neighbourhood park Zone Requirements ("S1-ES" Zone) No person shall within the lands designated "SI-ES" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for single detached dwelling residential uses except in accordance with the provisions of Section 5.(l)(b). (5) (a) Uses Permitted ("NP" Zone) No person shall within the lands designated "NP" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) neighbourhood park 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. 7. ENFORCEMENT Any person who contravenes any of the provisions of this By-law shall be liable upon conviction thereof to a fine not exceeding $1,000.00 for each offence, exclusive of costs, recoverable under The Provincial Offences Act. 8. 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 5th DAY OF July , 1982. READ A THIRD TIME AND PASSED THIS 'OWN OF ICKERING kPPROVED GAL DE:PT, MAYOR "-~ - 5ti~ DAY OF _.<.July , lg82. S1 COURT .s , ASHFIELD Sl S1 SCHEDULE 'I' TO BY-LAW 1543/82 Page I of $ Sl sii POST Sl STROUDS s~ ~ Sl' ES NP Sl Sl N SCHEDULE · 'I' TO BY- LAW 1543/82 Pcge 2 of ;5 STROUDS LANE S-SD. S- SD -SA SA SQUARE S'SD' SA N SCHEDULE 'I' TO BY-LAW 1543/82 PASSED THIS 5th , ,, DAY OF July 198 2 Page :5 of 3