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Home My WebLink AboutBy-law 2639/88 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 2639/88 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Picketing District Planning Area, Region of Durham in Part of Lot 21, Concession 2, (Parts I and 2, Plan #0R-Ill00) in the Town of Picketing. (A 21/87) WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to permit the development of multiple dwelling units to occur on the subject lands being Part of Lot 21, Concession 2, (Parts I and 2, Plan ~0R-11100) 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: I. SCHEDULES I and II Schedules I and I[ 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 21~ Concession 2, (Parts I and 2, Plan #0R-Ill00) in the Town of Picketing, designated'OS-HL" and "RL2-1' on Schedules I and II 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" shah mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) "Dwellinfi 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; t m (C) "Multiple Dwelling-Horizon a, 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 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 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; 2 (3) "Landscaped Open Space" shall mean space on a lot which is open and unoccupied and is suitable ;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 o;f a parking aisle, parking space, ramp or driveway; (q) (a) "Lot" shall mean an area o;f 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 structues, or a public park or open space area, regardless o;f whether or not such lot constitutes the whole of a lot or block on a registered plan o;f subdivision; (b) "Lot Coverage" shall mean the percentage o;f lot area covered by all buildings on the lot; (c) "Lot Fronta~;e" shall mean the width o;f a lot between the side lot lines measured along a line parallel to and 7.3 metres distant ;from the front lot line; (3) "Private Garage" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, Jn which structure no business or service is conducted ;for pro;fit or otherwise; (6) "Yard" shall mean an area o;f [and 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 speci;flcally permitted thereon; PROVISIONS (1) (a) Uses Permitted ("OS-HL "Zone) No person shall within the lands designated "OS-HL" on Schedule I attached hereto use any lot or erect~ alter or use any building or structure for any purpose except the preservation and conservation of the natural environment, soil and wildli;fe. (b) Zone Requirements ("OS-HL" Zone) No buildings or structures shall be permitted to be erected, nor any existing buildings or structures be modified or changed, nor shall the placing or removal of fill be permitted, except where buildings or structures are used only for purposes o;f flood and erosion control. (2) (a) Uses Permitted ("RL2-1" Zone) (i) No person shall within the lands designated "RL2-1" on Schedule 1 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 (ii) Despite the provisions of paragraph (i), while the "(H)" holding symbol is in place~ no person shall within the lands designated "(H)RL2-I" on Schedule I attached hereto, use any lot or erect, alter or use any buildings or structure ;for any purpose except the following: A recreational uses in accordance with Section 13 o;f By-law 3036, as amended. (b) Zone Requirements ("RL2-1" Zone) No person shall within the lands designated "RL2-1" on Schedule I attached hereto, use any lot or erect, alter or use any building except in accordance with the ;fotlowing provisions: (i) YARD SETBACKS (minimum): as illustrated on Schedule II (ii) BUILDING HEIGHT (maximum): 6.5 metres (iii) DWELLING UNIT REQUIREMENTS: A minimum dwelling unit area 100 square metres B maximum number of dwelling units - as illustrated on Schedule I] (iv) LOT COVERAGE (maximum): 40 percent (v) LANDSCAPED OPEN SPACE REQUIREMENTS (minimum): 10 percent of lot area (vi) 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 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 one private garage attached to the dwelling unit~ which shall provide two parking spaces; For each dwelling unit there shall be provided and maintained one parking space located between the vehicular entrance of the garage and the nearest traffic aisle; D There shall be provided and maintained on the lot a minimum 9 visitor parking spaces. E Sections 5.21.2 and 6.~c) of By-law 3036~ as amended~ shall not apply to lands designated "RL2-1" on Schedule I attached hereto; (vii) SPECIAL REGULATIONS: A The horizontal distance between multiple dwellings-horizontal shall be a minimum of 1.8 metres. B The horizontal distance between multiple dwellings-horizontal and a semi-detached dwelling shall be a rninimum of 1.8 metres. C A maximum of one semi-detached dwelling may be erected within the lands designated "RL2-1" on Schedule I attached hereto. D Despite Section #(l)(d)~ the pair of single dwellings comprising the semi-detached dwelling permitted within the lands designated "RL2-1" on Schedule I attached hereto 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 One refuse storage building~ ancillary to a multiple dwelling-horizontal use~ shall be provided and maintained within the lands designated "RL2-1" on Schedule 1 attached hereto. (3) Uses Permitted ("(H)" Zone) (a) Prior to an amendment to remove the "(H)" holdings symbol preceeding the use designation "RL2-1" the following conditions shall be met: (i) an agremeent between the Regional Municipality of Durham and the owner of the land to which the "(H)" holding symbol applies to provide for the servicing thereof with municipal sanitary sewers and water supply shall be entered into~ or such services shall be provided; (ii) an agreement between the Town and the owner of the land to which the "(H)" holding symbol applies to provide for the development thereof for the purposes of and in accordance with the provisions of Section shall be entered into. 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. Delinitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3037, as amended. 7. ENFORCEMENT (l) 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 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 shah take effect from the day of passing hereof subiect to the approval of the Ontario Municipal Board, if required. READ A FIRST AND SECOND TIME THIS lath DAY OF January , 1988. READ A THIRD TIME AND PASSED THIS 7th DAY OF March , 1988. (I~AYOR '~ PICKERING , JOHN E. ANDERSON " ,, ,,, APPROVED r CLERK / ./ LEGAL BRUCE J. TAYLOR 0 (H) RL2 -1 ~ PART 2, 40R- Ii100 FINCH AVENUE SCHEDULE ! TOBY-LAW,. 2639/8,8 , PASSED THIS DAY OF Mar~h 1988 / / ~ CLERK ( BRUCE J~AY~R ) I I MAXIMUM 8 UNITS ~ 3.s,,- z?.~m MAXIMUM MAXIMUM 4 UNITS *~*~ 4 UNITS MAXIMUM 2,4m 2L6m ~ MAXIMUM ~ MAXIMUM :3 UNITS 3 UNITS FINCH AVENUE SCHEDULE 1[ TO BY- LAW PASSED THIS DAY OF,, ~:cA 1988 CLERK ( BRUCE, J. T~R ) SUBJECT FINCH AVENUE ·