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HomeMy WebLinkAboutBy-law 1156/80THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 1156/60 Being a Restricted Area By-law to amend Restricted Area By-law 3036, as amended, to implement the Official Plan of the Town of Pickerinq District Planning Area, Region of Durham, in Part Lots 20, 21 and 22, 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 residential semi-detached dwellings, residential triplex dwellings, residential double-triplex dwellings, commercial office buildings, light industrial buildings, and an open space esplanade 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 part of this by-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Lots 20, 21, and 22, Concession 1, Pickering, designated "R-SD", "R-T-DT", 11C-0", "M1-2" and "Ol-1" on Schedule "I" attached hereto. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, moved or structurally altered except in conformity with the provisions of this By-law. DEFINITIONS 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. continued... Page 2 b) "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. c) 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 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) "Semi-Detached Dwelling" shall mean one of a pair of single dwellings, such dwellings being attached together horizontally by an above grade common wall. v) "Triplex elling" shall mean a dwelling containing three dweDwlling units and uses accessory thereto, such units being attached together vertically only. vi) "Double-Triplex Dwelling" shall mean one of a pair of triplex dwellings, such dwellings being attached together horizontally by an above grade common wall. d) "Esplanade" shall mean an area of land consisting primarily of landscaped open space but which also may include public recreational uses and public entertainment uses as well as kiosks and newstands. 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. i i ) "Gross Floor Area" shall mean the aggregate of the floor areas o 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. iii) "Dwelling Unit Area" shall mean the aggregate of the floor areas of all habitable rooms of a dwelling unit. continued... Page 3 f) "Food Preparation Plant" shall mean a part of a building in which processed are cooked, baked, mixed, packaged or prepared for distribution to retail or outlets. building or food products otherwise institutional g) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as a) the site of a building, or a group of buildings, as the case may be, together with any accessory buildings or structures, b) a parking lot, or c) a public park including an esplanade regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision. h) "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot. i) "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. 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, earthenware, glassware or similar articles, including but not necessarily restricted to furniture, housewares, toys, musical instruments, radios and electronic components. continued... Page 4 Q "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. 1) "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. m) "Restaurant Type B" shall mean a building or part of a building where food is prepared and offered or kept for retail sale to the public for immediate consumption on the premises only. n) "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. o) "Warehouse" shall mean a building or part of a building 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 may include the premises of a warehouseman but shall not include a fuel storage tank except as an accessory use. p) 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 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. 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. continued... Page 5 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 a reserve on the opposite side of which is located a street. ix) "Interior Side Yard" shall mean a side yard other than a flankage side yard. 5. PROVISIONS 5.A.1. Uses Permitted ("R-SD" Zone) No person shall within the lands designated "R-SD" 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 5.A.2 Zone Requirements ("R-SD" Zone) No person shall within the lands designated "R-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): 200 square metres b) LOT FRONTAGE (minimum): 7 metres c) FRONT YARD DEPTH (minimum): 3 metres d) INTERIOR SIDE YARD WIDTH (minimum): l metre, except that no interior side yard shall be required on the side where dwellings 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 separating such lots, or is not a direct extension thereof, shall be set back from the side lot line separating such lots 1 metre measured perpendicularly to such side lot line if no abutting side yard is provided on the abutting lot, or 0.5 metres measured perpendicularly to such side lot line if an abutting side yard is provided on the abutting lot continued... Paqe 6 5.B.1 5 . B . 2 e) FLANKAGE SIDE YARD (minimum): 2.7 metres f) REAR YARD DEPTH (minimum): 7.5 metres g) DWELLING UNIT AREA (minimum): 100 square metres h) LOT COVERAGE (maximum): 45 percent i) BUILDING HEIGHT (maximum): 12 metres j) DWELLING UNITS PER LOT: 1 only k) PARKING REQUIREMENTS PER LOT: minimum 1 private garage per dwelling unit attached to the main building and located not less than 6 metres from the front lot line Uses Permitted ("R-T-DT" Zone) No person shall within the lands designated "R-T-DT" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: a) triplex dwelling residential uses b) double triplex dwelling residential uses Zone Requirements ("R-T-DT" Zone) No person shall within the lands designated "R-T-DT" 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): 400 square metres b) LOT FRONTAGE (minimum): 10 metres c) FRONT YARD DEPTH (minimum): 3 metres d) INTERIOR SIDE YARD WIDTH (minima): i) for triplex dwellings on one side 1.8 metres; on the other side no interior side yard is required providing: a) every wall on such side which is not on the side lot line shall be set back a minimum of 1.8 metres therefrom, and b) every wall on such side which is closer than 1.8 metres to the side lot line shall not contain windows from habitable rooms or doors ii) for double-triplex dwellings: on one side 1.8 metres; on the other side no interior side yard is required so long as every wall on such side which is not part of the 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 1.8 metres measured perpendicularly to such side lot line if no abutting side yard is provided on the abutting lot, or 0.9 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): 2.7 metres 7.5 metres 100 square metres 45 percent i) BUILDING HEIGHT (maximum): 12 metres j) DWELLING UNITS PER LOT: 3 only k) DENSITY REQUIREMENTS: i) minimum: 51 dwelling units per hectare of lands designated "R-T-DT" ii) maximum: 75 dwelling units per hectare of lands designated "R-T-DT" 1) PARKING REQUIREMENTS PER LOT: i) minimum 4 parking spaces ii) no parking spaces shall be located within 1.5 metres of the rear lot line iii) access and egress to any rear yard parking spaces shall be provided from the street by way of a driveway no less than 6 metres in width if no abutting driveway is provided on the abutting lot and no less than 3 metres in width if an abutting driveway is provided on the abutting lot 5 . C, 1, Uses Permitted ("C-0" Zone) No person shall within the lands designated "C-0" 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) professional offices c) restaurants, type B 5,C, 2, Zone Requirements ("C-0" Zone) No person shall within the lands designated "C-O" 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): 0.4 hectares b) LOT FRONTAGE (minimum): 45 metres c) FRONT YARD DEPTH (minimum): 12 metres d) INTERIOR SIDE YARD WIDTH (minimum): 7.5 metres e) FLANKAGE SIDE YARD WIDTH (minimum): 12 metres Page 8 f) REAR YARD DEPTH (minimum): g) LOT COVERAGE (maximum): h) BUILDING HEIGHT (maximum): i) PARKING REQUIREMENT (minimum) j) SPECIAL RESTRICTIONS: 7.5 metres 45 percent 43 metres one parking space per 32 square metres gross floor area. The aggregate of the gross floor areas of all buildings on the lot shall not exceed 37,160 square metres less the aggregate (in excess of 6,366 square metres) of the gross floor areas of any buildings or additions to buildings that are erected on the parcel of land which is shaded on Schedule "I" attached hereto, being lands immediately to the west of the lands designated "C-O" on the said Schedule. 5.D.1. Uses Permitted ("M1-2" Zone) No person shall within the lands designated "M1-2" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: a) dry cleaning establishments b) food preparation plants c) light manufacturing plants d) scientific, research or medical laboratories e) warehouses 5.D.2. Zone Requirements ("Ml-2"Zone) No person shall within the lands designated "M1-2" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provision: a) LOT AREA (minimum): 0.3 hectares b) LOT FRONTAGE (minimum): 45 metres c) FRONT YARD DEPTH (minimum): 3 metres d) INTERIOR SIDE YARD WIDTH (minimum): 4.5 metres e) FLANKAGE SIDE YARD WIDTH (minimum): 4.5 metres f) REAR YARD DEPTH (minimum): 7.5 metres g) LOT COVERAGE (maximum): 50 percent h) BUILDING HEIGHT (maximum): 12 metres i) OPEN STORAGE: no open storage shall be permitted in any yard Page 9 5.E.1. Uses Permitted ("01-1" Zone) No person shall within the lands designated "01-1" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: a) esplanade 5.E.2 Zone Requirements ("01-1" Zone) No person shall within the lands designated " 01-1" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure except in ac cordance wit h the following provisions: (a) public uses shall be permitted anywhere within the area designated "01-1"; (b) kiosks and newstands shall be permitted only within 5 metres of a lot line; (c) the gross floor area of any individual kiosk or newstand shall not exceed 14 square metres. 5.F.1. Uses Permitted ("H" Zone) No person shall within the lands designated "H" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except by amendment to this by-law, such amendments to be enacted in accordance with the draft plan of subdivision 18T-79008 approved by the Ministry of Housing on March 25th, 1980, or any successor thereto, and at such time as such lands can be developed in compliance with the relevant provisions of the Official Plan of the Regional Municipality of Durham and the District Plan for the District Planning Area of the Town of Pickering, including amendments and modifications thereto. 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, 1979. Page 10 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 7th DAY OF JULY 1980 READ A THIRD TIME AND PASSED THIS 7th DAY OF JULY , 1980 /CLERK -? t^'r- lcEkiNi ,d i 1 I food - N T I ? N, R.T.01, I di 1 O Z I G, ? I 1 ' 1 ? ' 7- pT Ise I ' I I ? lot ' I Y? 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