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HomeMy WebLinkAboutBy-law 1263/81THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 1263/81 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, in Part Lot 18, Concession 1, 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, churches, industrial buildings, a public school and a neighbourhood park to occur on the subject lands; 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. AREA RESTRICTED The provisions of this by-law shall apply to those lands in Lot 18, Concession 1, Pickering, designated "S", "S-SD", "SD-SA", "M1-3","ES", and "NP" 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. DEFINITIONS In this by-law, a) "Business Office" shall mean a building or part of a building in which one or more persons are employed in the management, direction or conducting of a business, a public or private agency, a brokerage, or a labour or fraternal organization and may include a bank, a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or theatres, but shall not include a retail store. b) "Coverage" or "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot. c) "Dry Cleaning Establishment" shall mean a building or part of a building used for dry cleaning and related processes but does not include a laundromat. continued... Paqe 2 d) (i) "Dwell in " shall mean a building or part of a bui ding containing one or more dwelling units. (ii) "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. (iii) "Single Dwelling" shall mean a dwelling containing one dwelling unit and uses accessory thereto. (iv) "Single Detached Dwelling" shall mean a single dwelling which is reestanding, separate and detached from other main buildings or structures. (v) "Semi-Detached Dwelling" shall mean one of a pair of single dwellings, such dwellings being attached together horizontally by an above grade common wall. (vi) "Singg le Attached Dwelling" shall mean one a roup of not less than 3 and not more than 6 single dwellings, adjacent dwellings being attached together horizontally by an above grade common wall. e) (i) "Floor Area" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey. (ii) "Gross Floor Area" shall mean the aggregate of the f oor 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. "Dwelling Unit Area" shall mean the aggregate of the floor areas of all habitable rooms of a dwelling unit. f) "Food Preparation Plant" shall mean a building or part of a building in which processed food products are cooked, baked, mixed, packaged or otherwise prepared for distribution to retail or institutional outlets. g) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as, (i) the site of a building, a part of a building, or a group of buildings, as the case may be, together with any accessory buildings or structures, (ii) a parking lot, or (iii) 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. continued... Page 3 h) "Lot Coverage" shall of area covered by i) "Lot Frontage" shall between the side lot line parallel to and the front lot line. mean the percentage of all buildings on the lot. mean the width of a lot lines measured along a 7.5 metres distant from j) (i) "Manufacturing Plant" shall mean a building or part of a building in which is carried on any activity or operation pertaining to the making of any article, and which shall include altering, assembling, repairing, ornamenting, finishing, cleaning, polishing, washing, packing, adapting for sale, breaking up or demolishing the said article. (ii) "Light Manufacturing Plant" shall mean a manufacturing plant used for: a) the production of apparel and finished textile products other than the production of synthetic fibres; b) printing or duplicating; c) the manufacture of finished paper and applied products other than the processing of wood pulp; d) the production of cosmetics, drugs and other pharmaceutical supplies; or e) the manufacture of finished lumber products, light metal products, electronic products, plasticware, porcelain, earthen- ware, glassware or similar articles, including but not necessarily restricted to, furniture, housewares, toys, musical instruments, radios and electronic components. k) "Neighbourhood Park" shall mean a municipal public park incTuding recreation uses and buildings, and uses accessory thereto. 1) "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. m) "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 may include a clinic and the offices of an architect, chartered accountant, engineer, lawyer or physician but shall not include a bodyrub parlour as defined in The Municipal Act, R.S.O. 1970, Chapter 284, or any successor thereto. continued... Page 4 n) "Public School" shall mean, (i) a school under the jurisdiction of a board of education which board is established pursuant to The Education Act, 1974, or any successor thereto; (ii) a college of applied arts and technology established pursuant to The Ministry of Colleges and Universities Act, 1971, or any successor thereto; (iii) 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. o) "Scientific, Research or Medical Laboratory" shall mean a building or part of a building wherein scientific, research or medical experiments or investigations are systematically conducted, and where drugs, chemicals, glassware or other substances or articles pertinent to such experiments or investigations may be manufactured or otherwise prepared for use on the premises. P) "Warehouse" shall mean a building or part of a buil ing which is used primarily for the housing, storage, adapting for sale, packaging, or wholesale distribution of goods, wares, merchandise, food-stuffs, substances, articles or things, and includes the premises of a warehouseman but shall not include a fuel storage tank except as an accessory use. q) (i) "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. (ii) "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. (iii) "Front Yard Depth" shall mean the shortest orizontal 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. (iv) "Rear Yard" shall mean a yard extending across th'e_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. continued... Page 5 (v) "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. (vi) "Side Yard" shall mean a yard of a lot extending rom 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. (vii) "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. (viii) "Flanka_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. (ix) "Interior Side Yard" shall mean a side yard other than a f ankage side yard. 5. PROVISIONS 5.A.1 Uses Permitted ("S" Zone) No person shall within the lands designated "S" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) single detached dwelling residential uses 5.A.2 Zone Requirements ("S" Zone) No person shall within the lands designated "S" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) LOT AREA (minimum): (b) LOT FRONTAGE (minimum): (c) FRONT YARD DEPTH (minimum) (d) INTERIOR SIDE YARD WIDTH (minimum): (e) FLANKAGE SIDE YARD WIDTH (minimum): (f) REAR YARD DEPTH (minimum): 400 square metres 13.5 metres 4.5 metres 1.2 metres 2.7 metres 7.5 metres (g) DWELLING UNIT AREA (minimum): 100 square metres (h) LOT COVERAGE (maximum): 38 percent (i) BUILDING HEIGHT (maximum): 12 metres continued. Page 6 (j) DWELLING UNITS PER LOT: 1 only (k) PARKING REQUIREMENTS PER LOT: minimum one (1) private garage per dwelling unit attached to the main building and located not less than 6 metres from the front lot line 5. B. 1 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 any building or structure for any purpose except the following: (a) single detached dwelling residential uses (b) semi-detached dwelling residential uses 5 . B . 2 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 any building or structure except in accordance with the following provisions: (a) LOT AREA (minimum): 250 square metres (b) LOT FRONTAGE (minimum): 9 metres (c) FRONT YARD DEPTH (minimum): 4.5 metres (d) INTERIOR SIDE YARD WIDTH (minimum): (i) for single detached dwellings: 1.2 metres on one side, 0.6 metres on the other side (ii) for semi-detached 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 the common wall extending along the side lot line, 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. continued... Page 7 (e) FLANKAGE SIDE YARD WIDTH (minimum) : (f) REAR YARD DEPTH (minimum): (g) DWELLING UNIT AREA (minimum) (h) LOT COVERAGE (maximum): (i) BUILDING HEIGHT (maximum): (j) DWELLING UNITS PER LOT: 2.7 metres 7.5 metres 100 square metres 38 percent 12 metres 1 only (k) PARKING REQUIREMENTS PER LOT: minimum one (1) private garage per dwelling unit attached to the main building and located not less than 6 metres from the front lot line. 5.C.1 Uses Permitted ("SD - SA" Zone) No person shall within the lands designated "SD-SA" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) semi-detached dwelling residential uses (b) single attached dwelling residential uses 5.C.2 Zone Requirements ("SD-SA" Zones) No person shall within the lands designated "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: (a) LOT AREA (minimum): 200 square metres (b) LOT FRONTAGE (minimum): 6.7 metres (c) FRONT YARD DEPTH (minimum): 4.5 metres (d) INTERIOR SIDE YARD WIDTH (minima): 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 (e) FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres (f) REAR YARD DEPTH (minimum): 7.5 metres continued... Page 8 (g) DWELLING UNIT AREA (minimum) (h) LOT COVERAGE (maximum): (i) BUILDING HEIGHT (maximum): (j) DWELLING UNITS PER LOT: 100 square metres 40 percent 12 metres 1 only (k) PARKING REQUIREMENTS PER LOT: minimum one (1) private garage per dwelling unit attached tothe main building and located not less than 6 metres from the front lot line 5.D.1 Uses Permitted ("M1-3" Zone) No person shall within the lands designated "M1-3" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) business offices (b) churches (c) dry cleaning establishments (d) food preparation plants (e) light manufacturing plants (f) professional offices (g) scientific, research or medical laboratories (h) warehouses 5.D.2 Zone Requirements ("M1-3" Zone) No person shall within the lands designated "M1-3" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) LOT AREA (minimum): (b) LOT FRONTAGE (minimum): (c) FRONT YARD DEPTH (minimum) (d) INTERIOR SIDE YARD WIDTH (minimum): (e) FLANKAGE SIDE YARD WIDTH (minimum): (f) REAR YARD DEPTH (minimum) (g) LOT COVERAGE (maximum): (h) BUILDING HEIGHT (maximum) (i) OPEN STORAGE: 0.15 hectares 30 metres 12 metres 4.5 metres 12 metres 7.5 metres 50 percent 12 metres No open storage shall be permitted in any yard continued... Page 9 5.E.1 Uses Permitted ("ES" Zone) No person shall within the lands designated "ES" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) public school and uses accessory thereto (b) neighbourhood park 5.F.1 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: (a) 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 provisons 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, 1979. 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 16th DAY OF March READ A THIRD TIME AND PASSED THIS 16th DAY OF March 1981 1981 T04'dPJ Oi= 2 %_%o. 0 sits S1 ES NP 5Yt ?? D- m T SD -SA SCHEDULE T TO BY-LAW 1263/81 PASSED THIS 16th DAY OF March 198, 6- e,- N Cl) N N CLERK