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HomeMy WebLinkAboutBy-law 2834/88 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 2834/88 Being a 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, in Part of Lot 33, Concession 1, in the Town of Picketing. (A 35/84; 18T-St4018[R]) WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to permit the development of multiple dwelling units on the subiect lands being Part of Lot 33, Concession 1, in the Town of Picketing; 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 1 attached 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 Part of Lot 33, Concession 1, in the Town of Pickering designated "RMI-I" on Schedule 1 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. DEFINITIONS In this By-law, (1) (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 trailer; (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) "Multiple Dwelling-Horizontal" shall mean a building containing three or more dwelling units attached horizontally, not vertically, by an above grade wall or walls; (2) (a) "Floor Area-Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; (b) "Gross Floor Area - Residential" shall mean the aggregate of the floor areas of all storeys of a building or structure, or part thereof as the case may be, other than a private garage, an attic or a cellar; (3) (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; -2- (b) "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot; (t~) "Private Garage" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles~ in which no business or service is conducted for profit or otherwise; (5) "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; PROVISIONS (l) (a) Uses Permitted ("RMI-I" Zone) No person shall within the lands designated "RMI-I" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) multiple dwelling-horizontal (b) Zone Requirements ("RMI-I" Zone) No person shall within the lands designated "RM]" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the ~oIlowing provisions: (i) YARD SETBACKS (minimum); 7.5 metres from any lot line (ii) BUILDING HEIGHT (maximum): 12.0 metres (iii) DWELLING UN1T REQUIREMENTS: A minimum dwelling unit area 8# square metres B no less than 35 and no more than #6 dwelling units shall be permitted within the area designated "RMi-I" on Schedule 1 attached hereto (iv) LOT COVERAGE (maximum): ~40 percent (v) PARKING REQUIREMENTS: A "Parking Space" shall meah a usable and accessible area o~ not less than 2.6 metres in width and not less than 5.3 metres in length for the temporary parking of vehicles, but shall not include any portion of a parking aisle or driveway; B For each dwelling unit~ there shall be provided and maintained on the lot one private garage attached to the dwelling unit, which shall provide one parking space; For each dwelling unit there shall be provided and maintained on the lot one parking space with a minimum horizontal length of 6.0 metres located between the vehicular entrance of the garage and the nearest traffic aisle; D For each dwelling unit there shall be provided and maintained on the lot a minimum of 0.3 visitor parking spaces; E Sections 5.21.2 and 6.5 c) of By-law 3036, as amended, shall not apply to lands designated URMI-I" on Schedule I attached hereto. -3- (vi) SPECIAL REGULATIONS: ti) The horizontal distance between multiple dwellings-horizontal shall be a minimum at I.B metres; 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 (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 tine of not more than $20,000; and (b) on a subsequent conviction to a fine of not more than $I0,000 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, (a) on a first conviction a fine of not more than $.~0,000; and (b) on a subsequent conviction a tine of not more than $25,000 for each day or part thereof upon which the contravention has been continued after the day on which the corporation was first convicted; and not as provided in subsection (1). (3) Where a conviction is entered under subsection (I), in addition to any other remedy or 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. 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 2nd DAY OF August , 198B. READ A THIRD TIME AND PASSED THIS /~/d~ DAY OF ~UJ#~/ ,1989. MAYOR / WAYNE E. ARTHURS BRUCE 3. TAYLOR 104.Om hi RM1-1 [ 40M' // [ 1508 SCHEDULE I TO BY-LAW PASSED THIS /P~ DAY OF ~ 1989 MAYOR/(Wayne E. Arthurs) c~~( ~ ~. ~o~) PROPERTY LANDCREST