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Home My WebLink AboutBy-law 3587/90 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUIVIBER 3587/90 Being a By-law to amend Restricted Area (Zoning) By-law 2520, as amended, to implemen, t the Official Plan of the Town of Picketing District Planning Area, Region of Durham m Part of Lot 26, Range 3, B.F.C. (Parts 1 to 21, inclusive, Plan 40R-12750), Part of Block E, Plan M-17 (Parts 1, 2 and 3, Plan 40R-6270) and Block I, Plan M-17, in the Town of Picketing. (A 36/89) WHEREAS the Council of the Corporation of the Town of Pickerin$ deems it desirable to permit the development of multiple dwelling units to occur on the subject lands being Part of Lot 26, Range 3, B.F.C. (Parts 1 to 21, inclusive, Plan 40R-12750), Part of Block E, Plan M-17 (Parts 1, 2 and 3, Plan 40R-6270) and Block I, Plan M-17, in the Town of Picketing; AND WHEREAS an amendment to By-law 2520, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULES I and H Schedules I and II attached hereto with notations and references shown thereon are 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 26, Range 3, B.F.C. (Parts 1 to 21, both inclusive, Plan 40R-12750), Part of Block E, Plan M-17 (Parts 1, 2 and 3, Plan 40R-6270) and Block I, Plan M-17, in the Town of Pickering, designated "RMI-4" 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) (a) ~ 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; (d) "Dwelling, Semi-detached or Semi-detached DwellinW shall mean one of a pair of single dwellings, such dwellings being attached tog-ether horizontally in whole or in part above grade, below grade, or both above and below grade; -2- (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) "Landscaped Open Space" shall mean space on a lot which is open and unoccupied and is statable for growing grass, flowers, bushes, shrubs or other landscaping plants and includes a waterway, walk, patio or similar space but does not include any portion of a parking aisle, parking space, ramp or driveway; (4) (a) "Loft 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; (b) ~ shall mean the percentage of lot area covered by all buildings on the lot; (5) "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; (6) "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; 5. PROVISIONS (1) (a) Uses Permitted ("RMI-4" Zone) No person shall within the lands designated "RMI-4" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: A multiple dwelling - horizontal B semi-detached dwelling residential use (b) Zone Requirements ("RMI-4" Zone) No person shall within the lands designated "RMI-4" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (i) BUILDING SETBACKS (minimum): as illustrated on Schedule II (ii) BUILDING HEIGHT (maximum): 12.0 metres (iii) DWELLING UNIT REQUIREMENTS: A minimum dwelling unit area 100 square metres B no more than 41 dwelling units shall be permitted within the area designated "RMI-4" on Schedule I (iv) LANDSCAPED OPEN SPACE REQUIREMENTS (minimum): 3.0 metre wide landscaped open space shall be provided on that part of the lands designated "RMI-4" on Sche,d, ule Ithat is cross-hatched and designated "Landscaped Open Space' on Schedule II -3- (v) PARKING REQUIREMENTS: A "Parking Space" shall mean a useable and accessible area of not less than 2.6 metres in width and not less than 5.3 metres in length for the tempory 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: (i) one private garage attached to the dwelling unit; any vehicular entrance of which shall be located not less than 6.0 metres from the nearest traffic aisle; (ii) a minimum 0.3 visitor parking spaces; C Sections 5.21.1, 5.21.2b) and 6.6c) of By-law 2520 as amended, shall not apply to lands designated "RMI-4" on Schedule I attached hereto; D All but two parking spaces shall be set back a minimum of 3.0 metres from all road allowances; (vi) SPECIAL REGULATIONS: A The horizontal distance between multiple dwellings-horizontal shall be a minimum of 0.9 metres. B The horizontal distance between multiple dwellings-horizontal and a semi-detached dwelling shall be a minimum of 1.8 metres. C A maximum of one semi-detached dwelling may be erected within the lands designated "RMI-4" on Schedule I attached hereto. D Only one pair of single dwellings comprising one semi-detached dwelling shall be permitted within the lands designated "RMI-4" on Schedule I attached hereto and, despite Section 4(1)(d), they shall be attached to each other above grade by a common wall which shall be not less than 3.0 metres in length and not less than 2.4 metres in height. E Despite Section 5.(1)(b)(i): (i) a water meter room, with a maximum floor area of 4 square metres, attached to but not forming part of a dwelling; and (ii) a refuse storage structure with a maximum enclosed area of 28 square metres; shall be permitted within the lands designated "RMI-4" on Schedule I attached hereto. 6. BY-LAW 2520 By-law 2520, 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 2520, 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 fine of not more than $20,000; and (b) on a subsequent conviction to a fine of not more than $10,000 for each day or part the[eof upo.n which the contravention has continued after the day on which he was first convmted. -4- (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 $50,000; and (b) on a subsequent conviction a fine 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 (1), 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. EFFE(:~TV'E 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 FIRSTAND SECOND TIME THIS 5th DAY OF November , 1990. READ A THIRD TIME AND PASSED THIS 5th DAY OF November ,199 0 MAYOR / WAYNE E. AR~ BLOCK J M 17 PorKs 1 to 21 inclusive, 40R-12750 Ports 1, 2 & 3, 40R 6270 Brock I, Plon M-17 BLOCK L M-17 VISTULA DRIVE Iv SCHEDULE I TO BY-LAW 3587/90 PASSED THIS 5th DAY OF November 1 990 SPACE BLOCK J M-17 BLOCK L M-17 171 ' ' , ' I~°~ ~ ~ VISTUL~ DR~VE N DIMENSIONS SHOWN INDICATE REQUIRED MINIMUM BUILDING SETBACKS - SEE SECTION SCHEDULE II TO BY-LAW PASSED THIS 5th DAY OF November 1990 ~CLI~RK (Bru~ 3./ Taylor) ?. HIGHWAY ~ No 60~ PROPERTY FRENCHMAN LAKE ONTARIO