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HomeMy WebLinkAboutBy-law 1299/81THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 1299/81 Being a Restricted Area By-Law to amend Restricted Area By-Law 2511, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, in Lots 36-46, inclusive, Plan 355 and Blocks C & D, and Right-of-Way, Plan 239, 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 attached dwellings, a neighbourhood park and a sewage pumping station to occur on the subject lands being Lots 36-46, inclusive, Plan 355, and Blocks C & D and Right-of-Way, Plan 239; and WHEREAS, an amendment to By-Law 2511, as amended, is therefore deemed necessary; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. 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 Plans 355 and 239, Pickering, designated "SA", "NP", and "PU" 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, (a) (i) "Dwelling" shall mean a building or part of a building 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 separ- ate 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 Attached Dwelling" shall mean one of a group of not less than 3 and not more than 6 single dwellings, adjacent dwellings being attached together horizontally above grade only, below grade only, or both above and below grade. (b) (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 floor areas of -2- 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 cel- lar. (iii) "Dwelling Unit Area" shall mean the aggregate of the floor areas of all habitable rooms of a dwelling unit. (c) "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 sub- division. (d) "Lot Coverage" shall mean the percentage of lot area covered by all build- ings on the lot. (e) "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. (f) "Neighbourhood Park" shall mean a municipal public park including recrea- tion uses and buildings, and uses accessory thereto. (g) "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. (h) (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 per- mitted thereon. (ii) "Front Yard" shall mean a yard extending across the full width of a of between the front lot line of the lot and the nearest wall of the nearest main building or sturcture on the lot. (iii) "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 sturcture on the lot. (iv) "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. (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 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. (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) "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. (ix) "Interior Side Yard" shall mean a side yard other than a flankage side yard. -3- 5. PROVISIONS 5.A.1 Uses Permitted ("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 for any pur- pose except the following: (a) on lots or blocks adjacent to Bayly Street, residential uses in single attached dwellings attached above grade only or both above and below grade (b) on lots or blocks not adjacent to Bayly Street, residential uses in any single attached dwelling type 5.A.2 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: (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 (minimum): (i) on lots or blocks, 1. adjacent to Bayly Street, or 2. not adjacent to Bayly Street but having erected thereon single attached dwellings attached by an above grade common wall, 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; and (ii) on lots or blocks not adjacent to Bayly Street and having erected thereon single attached dwellings attached below grade only, 1. no interior side yard one side and 1.8 metres other side; or 2. 0.6 metres one side and 1.2 metres other side, so long as the horizontal distance at grade level between dwellings on adjacent lots is not less than 1.8 metres. (e) FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres (f) REAR YARD DEPTH (minimum): 7.5 metres (g) DWELLING UNIT AREA (minimum): 100 square metres (h) LOT COVERAGE (maximum): 40 per cent (i) BUILDING HEIGHT (maximum): 12 metres (j) DWELLING UNITS PER LOT: 1 only -4- (k) PARKING REQUIREMENTS PER LOT: (i) subject to the provisions of (ii), below, minimum one (1) private garage located not less than 6 metres from the front lot line (ii) notwithstanding Section 5.19 of By-Law 2511, on lots or blocks adjacent to Bayly Street, a private garage detached from the main dwelling may be located in the front yard with no minimum side yard setback, and may be attached in whole or in part to another private garage which is located on an adjacent lot. 5.6.1 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 5.C.1 Uses Permitted ("PU" Zone) No person shall within the lands designated "PU" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purposes except the following: (a) sewage pumping station 6. BY-LAW 2511 By-Law 2511, 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 speci- fically dealt with in this By-Law shall be governed by the relevant provisions of By-Law 2511, 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, 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. BY-LAW read a first and second time this 1st day of June, 1981. BY-LAW read a third time and finally passed this 1st day of June, 1981. ? ?• 4 _ i c'r ? sl REE, 'aN(ul SA w w f5 ww J W m I SCHEDULE 'I1 TO BY- LAW 1299/81 PASSED THIS 1St DAY OF June 1981 w Z 0 U) z a H N CLERK i RA LM AYS IM f 1 "TWO ST.-, WATCRMW A 1 1 i y THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 1299/81 A By-law to confirm the proceedings of the Council of the Corporation of the Town of Pickering at its meeting held on the First day of June 1981. WHEREAS by Section 9 of the Municipal Act, being Chapter 284 of the Revised Statutes of Ontario, 1970, the powers of a municipal corporation are to be exercised by its Council; AND WHEREAS by Subsection 1 of Section 241 of the Municipal Act, being Chapter 284 of the Revised Statutes of Ontario, 1970, the powers of every Council are to be exercised by By-law; AND WHEREAS it is deemed expedient that the pro- ceedings of the Council of the Corporation of the Town of Pickering at these meetings be confirmed and adopted by By-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING ENACTS AS FOLLOWS: 1. The action of the Council of the Corporation of the Town of Pickering at its meeting held on June 1st 1981, in respect of each recommendation contained in the Reports of the Committees and each motion and resolution passed and other action taken by the Council of the Corporation of the Town of Pickering at this meeting, is hereby adopted and confirmed as if all such proceedings were expressly embodied in this By-law; 2. The Mayor and proper officials of the Corporation of the Town of Pickering are hereby authorized and directed to do all things necessary to give effect to the action of the Council of the Corp- oration of the Town of Pickering referred to in the preceding section hereof; 3. The'Mayor and Clerk are hereby authorized and directed to execute all documents necessary in that behalf and to affix thereto the Seal of the Corporation of the Town of Pickering. By-law read a First, Second and Third time and finally PASSED this Firstday of June 1981.