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HomeMy WebLinkAboutBy-law 4042/92 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 4042[92 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 29, Concession 1 and Part of Lot 1, Registered Plan 221 (Part 1, Plan 40R-9979), in the Town of Picketing. (A 5/89) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of semi-detached and multiple-horizontal residential units on the subject lands in Part of Lot 29, Concession 1 and Part of Lot 1, Registered Plan 221 (Part 1, Plan 40R-9979), in the Town of Pickering; AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; blOW TI-IEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE I Schedule I 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 29, Con,c, ession 1,and Part of Lot 1, Registered Plan 221 (Part 1, Plan 40R-9979), designated 'MD-H2' on Schedule I attached hereto. 3. GENERAL PROVISION 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) "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 common wall or common walls; (d) "Dwelling, Semi-Detached or Semi-Detached Dwelling" shall mean one of a pair of single dwellings, such dwellings being attached together horizontally in whole or in part above grade, below grade, or both above and below grade; (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 stor.eys of a building or structure, or part thereof as the case may be, other than ,,a, pnvategarage:, an attic or a cellar; (3) (a) 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; -2- 5. PRO~SIONS (1) Uses Permitted ("MD-H2" Zone) No person shall within the lands designate.d "MD-H2" 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 residential use (b) semi-detached dwelling residential use (2) ~ ("MD-H2" Zone) No person shall within the lands designated "MD-H2" on Schedule I attached hereto use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) DWELLING UNIT REQUIREMENTS: A Dwelling unit gross floor area-residential (minimum) 100 square metres B Number of dwelling units (maximum) 135 C Number of dwelling units fronting Amberlea Road (maximum) 12 D There shall be no multiple dwelling-horizontal residential uses fronting Amberlea Road. (b) BUILDING HEIGHT (maximum): 12.0 metres (c) BUILDING RESTRICTIONS: No building, part of a .building, structure orpart of a structure shall be erected except within the building envelope illustratedon Schedule I attached hereto. (d) LOT COVERAGE (maximum): 30 percent (e) PARKING REQUIREMENTS: A For the purpose of this clause "parking space" shall mean a usable and accessible area of not less than 2.6 metres in width and not less than 5.3 metres i.n length for the temporary parking of vehicles, but shall not include any pornon of a parking aisle or driveway; B For each dwelling unit there shall be provided and maintained on the lands, (a) one private garage attached to the dwelling unit; and (b) one parking space located between the vehicular entrance of the private garage and the nearest traffic aisle; and (c) 0.3 visitor parking space. C Clauses 5.21.2a), 5.21.2b), 5.21.2c), 5.21.2d), 5.21.2e), and 5.21.2i) of By-law 3036, as amended, shall not apply to lands designated "MD-H2" on Schedule I attached hereto; D Despite clauses 5.21.2g) and 5.21.2k) of By-law 3036, as amended, all entrances and exits to parking areas and all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof. (f) SPECIAL REGULATIONS: The horizontal distance between multiple dwellings-horizontal shall be a minimum of 1.8 metres. -3- 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 fine of not more than $20,000; and (b) on a subsequent conviction to a fine o.f not more than $10,000 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 $50,000; and (b) on a subsequent conviction a fine of not more than $25,000 for each day or part thereof upon which the contravention has been continued after the day on which the corporation was first convicted; and not as provided in subsection (1). (3) Where a conviction is entered under subsection (1), in addition to any other remedy or penalty by law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. 8. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof, subject to the approval of the Ontario Municipal Board, if required. READ A FIRST AND SECOND TIME THIS 29th DAY OF June ,1992. READ ATHIRD TIME AND PASSED THIS 29th DAY OF June ,1992. MAYOR " WAYNE ARTHURS TOWN Of _PlCKERING APPROVED . ~$ TO FORM , MD-HZ PART 1 % PLAN 40R-9979 ~.~,~s. PART 2 PLAN 40R-9979 --"~'~ BUILD~NG ENVELOPE BOUNDARY SCHEDULE I TO BY-LAW 4042/92 PASSED THIS 29th DAY OF June A399~