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Home My WebLink AboutBy-law 4045/92 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 4045/92 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 Block D, Plan M-1024, in the Town of Pickering. OVA 88-062/P(R) & A 39/88(R); WHEREAS the Council of the Corporation of the Town o.f Pickering deems it desirable to permit the development of a residential building on the subject lands, being Part of Block D, Plan M-1024, 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 ENACI~ AS FOI.I OWS: 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 th!s By-law shall apply to those lands in Part of Block D, Plan M-1024, in the Town of P~ckenng, designated "RH(SC)" on Schedule I attached hereto, whether or not that designation is accompanied by any bracketed symbol. 3. GENERAL PROVISIONS No building, land or part thereof shall h. ereafter 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) "Dwellin~ Unit. Barrier - Free" shall mean a dwelling unit that incorporates the followin~ design features: (i) 1-bedroom units shall have a minimum dwelling unit area of 51 square metres; (ii) 2-bedroom units shall have a minimum dwelling unit area of 73 square metres; (iii)operating devices such as thermostats, switches, faucets, latches, handles and locks shall, be operable by one hand, shall not require fine finger control or twisting of the wrist to operate, and shall be mounted between 0.4 and 1.2 metres from the floor; (iv) ~grab-bars shall be provided in all bathrooms and in other appropriate locations; (v) a square unobstructed wheelchair turning area of at least 1.5 square metres in area shall be provided at the entrance area within each unit, and in each bedroom and kitchen; (vi) all do.orwa, y~s shall provide a minimum unobstructed passage area of 1 metre in w~dth; (vii) surfaces such as counters, stove tops and sinks shall have a maximum height of 0.85 metres from the floor, and a minimum underside clearance of 0.7 metres from their edge; -2- (viii) visual and audible fire alarms shall be installed in each unit; (ix) each unit shall have at least one bedroom with direct access to a bathroom; (x) bathrooms shall have a minimum floor area of 7.5 square metres; (xi) thermostat controlled valves shall be provided to regulate water temperature for all sink, shower and bathtub faucets; (b) "Dw¢lline Unit. Senior Citizen" shall mean a dwelling unit that incorporates the followin~ design features: (i) 1-bedroom units shall have a minimum dwelling unit area of 51 square metres; (ii) 2-bedroom units shall have a minimum dwelling unit area of 73 square metres; (iii)operating devices such as thermostats, switches, faucets, latches, handles and locks shall be operable by one hand and shall not require fine finger control or twisting of the wrist to operate; (iv) grab-bars shall be provided in all bathrooms and in other appropriate locations; (v) a square unobstructed wheelchair turning area of at least 1.5 square metres in area shall be provided at the entrance area within each unit, and in each bedroom and kitchen; (vi) all doorways shall provide a minimum unobstructed passage area of 1 metre in width; (vii) each unit shall have at least one bedroom with direct access to a bathroom; (viii) bathrooms shall have a minimum floor area of 7.5 square metres; (2) (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; (b) ~ shall mean the percentage of lot area covered by all buildings on the lot; (3) "Multiole Dwelling - Vertical" shall mean a building containing three or more dwellifig units attached horizontally and vertically by an above grade wall or walls, or an above grade floor or floors, or both; (4) "Senior Citizens Anartment" shall mean a multiple dwelling - vertical building, complying with the following provisions: (a) a minimum of 10% of the total number of dwelling units shall be dwelling units, barrier - free; (b) a minimum of 65% of the total number of dwelling units shall be dwelling units, senior citizen; (c) no dwelling units, dwelling units, barrier - free or dwelling units, senior citizen shall conta'm more than two bedrooms; (d) a minimum of one lounge area, having a minimum floor area of 20 square metres, shall be provided on each floor for the common usage of residents and visitors; (e) all internal corridors shall have a minimum width of 1.8 metres; (f) all doorways shall provide a minimum unobstructed passage area of 1 metre in width; (g) mechanical door closing and opening aids shall be provided at all building entrances; and -3- (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. 5. PROVISIONS (1) Uses Permitted CRH(SC)" Zone) No person shall within the lands designated "RH(SC)" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except for one of the following: (a) Multiple Dwelling - Vertical that is not a Senior Citizens Apartment; or (b) Multiple Dwelling - Vertical that is a Senior Citizens Apartment; but not both. (2) Zone Requirements CRH(SC)" Zone) No person shall within the lands designated "RH(SC)" on Schedule I attached hereto use a. ny lot or erect, alter or use any building except in accordance with the following provlstons: (a) BUILDING HEIGHT (maximum): 22 metres (b) LOT COVERAGE (maximum): 42 % (c) DWELLING UNIT REQUIREMENTS: A. For Multiple Dwelling - Vertical that is not a Senior Citizens Apartment, not less than 30 and not more than 37 dwelling units shall be permitted; or B. For Multiple Dwelling - Vertical that is a Senior Citizens Apartment, not less than 30 and not more than 88 dwelling units shall be permitted. (d) PARKING REQUIREMENTS: A. For the purpose of this clause, 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 temporary parking of vehicles, but shall not include any portion of a parking aisle or driveway; B. For Multiple Dwelling - Vertical that is not a Senior Citizens Apartment, there shall be provided and maintained on the lot a minimum of 1.2 ~arking spaces per dwelling unit for residents and 0.3 parking spacesper welling unit for visitors. All resident parking spaces shall be providedin a below grade structure. Visitor parking spaces shall be provided at grade, in a below grade structure, or both; C. For Multiple Dwell!ng - Vertical that is a Senior Citizens Apartment, there shall be provtded and maintained on the lot a minimum of 0.3 parking spaces per dwelling unit for residents and 0.25 parking spacesper dwelling unit for visitors...All resident parking spaces shall be providedin a below grade structure. %sitor parking spaces shall be provided at grade, in a below grade structure, or botl~; D. All pa. rki.ng areas shall be surfaced with brick, asphalt or concrete, or any comb~nauon thereof; and E. Sections 5.2L2(e), 5.2L2(g), 6.5(b) and 6.5(c) of By-law 3036, as amended, shall not apply. (e) YARD SETBACKS (minimum): As illustrated on Schedule I attached hereto (f) OBSTRUCTION OF YARDS: Notwithstanding Section 5.7 of Zoning By.law 3036, a vehicular ramp and a pedestrian stairway for access to and from a belowgrade parking structure shall be permittedanywhere in the front yard. -4- (3) Holding Provisions ("(H)" Symbol) Prior to an amendment to remove the "(H)" - Holding symbol preceding the zone category "RH(SC)", the following condition must be met: (a) an agreement between the Town of Pic.k. ering and the owner of the lands to which the "(H)" - Holding s .y~nbol applies, to provide for the development thereof for the purpose of residential uses in accordance with the provisions of subsections 5(1) & 5(2) of this by-law, shall be entered into and registered on title to the lands, pursuant to the provisions of section 41 of the Planning Act, R.S.O. 1990, chapter p.13. 6. BY-LAW 3036 By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisiom, of this By-l.aw as it applies to the area set out i.n 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 of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which the person 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 6ontravention 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 und. er 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 compet, ent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. 8. EFFEC'FIVE DATE This By-law shall take effect from the day of passing hereof, subject to the approval of Amendment No. 65 to the pickering District Plan by the Ministry of Municipal Affairs, and subject to the approval of the Ontario Municipal Board, if required. READ A FIRST AND SECOND TIME THIS 29th DAY OF June ,1992. READ A THIRD TIME AND PASSED THIS 29th DAY OF June . ,1992. TOWN OtE MAYOR PIGK£RING WAYNE E. ARTHURS AS TO FORM ~ LEGAL DEPT. BRUCE J. TAYLOR \\- BLOCK L BLOCK C BLOCK K PLAN M-1024 -/ BLOCK D .. '' PLAN M-102~....'. ~ '-BLOCK N (nmn(sc BLOCK E PLAN M-1024 SCHEDULE I TO BY-LAW 4045/92 29th PASSED THIS . ....zz/ SUBJECT PROPERTY