HomeMy WebLinkAboutBy-law 2840/88THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 2840/88
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 l9, Concession 1, in the Town of Pickering. (A 26/84; 18T-84026[R])
WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to
permit the development of detached dwelling units and multiple dwelling units to occur on the
subject lands being Part of Lot 19, Concession 1, in the Town of Pickering;
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:
SCHEDULES I AND II
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 19, Concession 1, in
the Town of Pickering, designated "R4-5" and "RMI-2" on Schedules I attached hereto.
3. GENERAL PROVISIONS
4.
No building, land or part thereof shall hereafter be used, occupied, erected, moved or
structuralty altered except in conformity with the provisions of this By-law.
In this By-law,
(l) (a) "Dwelling" shall mean a building or part of a building containing one or more
dwelling uni#s, but does not include a mobile home or trailer;
(b) "Dwelling Unit" shalt mean one or more habitable rooms occupied or capabte of
being occupied as a single, independent and separate housekeeping unit
containing a separate kitchen and sanitary facilities;
(c) "Dwelling, Single or SinQle Dwelling" shall mean a dwelling containing one
dwelling uni# and uses accessory #hereco;
(d) "Dwellin�, Detached or Detached Dwellin�" shall mean a single dwelling which
is freestanding, separate and detached from other main buildings or str�ctures;
(e) "Multiple DwellinQ-Horizontal" shall mean a building containing three or more
dwelling units attached horizontally, not vertically, by an above grade wall or
walls;
(f) "Multiple Dwellin�-Vertical" shall mean a building containing three or more
dwelling units attached horizontally and vertically by an above grade wall or
walls, or an above grade floor or floors, or both;
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(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;
(b) "Lot Coverage" shall mean the percentage of lot area covered by all buildings
on the lot.
(c) "Lot Fronta�e" shall mean the width of a lot between the side lot lines
measured aiong a line parallel to and 7.5 metres distant from the front lot line;
(5) (a) "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 unocc�pied above
ground except for such accessory buildings, structures, or other uses as are
specifically permitted thereon;
(b) "Front Yard" shall rnean a yard extending across the full width of a lot between
the front lot line of the lot and the nearest wall of the nearest main building or
structure on the lot;
(c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard
of a lot between the front lot line and the nearest wall of the nearest main
building or structure on the lot;
(d) °t2ear Yard" shall mean a yard extending across the full width of a lot between
the rear lot line of the lot, or where there is no rear lot line, the junction point
of the side lot lines, and the nearest wall of the nearest main b�ilding or
structure on the lot;
(e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard
of a lot between the rear lot line or, where there is no rear lot line the junction
point of tne side lot lines, and the nearest wall of the nearest main building or
structure on the lot;
(f1 "Side Yard" shall mean a yard of a lot extending from the front yard to the rear
yard and from the side lot line to the nearest wall of the nearest main building
or structure on the lot;
(g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of
a lot between the side lot line and the nearest wall of the nearest main building
or structure on the lot;
(h) "FlankaQe Side Yard° shall mean a side yard immediately adjoining a street or
abutting on a reserve on the opposite side of which is a street;
(i} "FlankaQe Side Yard Width" shall mean the shortest horizonial dimension of a
flankage side yard of a lot between the lot line adjoining a street or abutting on
a reserve on the opposite side of which is a street and the nearest wall of the
nearest main building or structure on the lot;
(j) "Interior Side Yard° shaii mean a side yard other than a flankage side yard.
5. PROVISIONS
(1) (a) Uses Permitted ("R4-5" Zone)
No person shall within the lands designated "R4-5" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure for any
purpose except the following:
(i) a one-family detached dwelling
in accordance with Section 10 of By-law 3036, as amended, and the following
provisions:
2 Ca)
A
B
C
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Uncovered steps or platforms exceeding 1.0 metre in height above grade
may project a maximum of 1.5 metres into the required rear yard;
No building openin�s shall be permitted below the geodetic elevation of
85.4 metres.
Despite the minimum side yard requirements set out in Section 10.2.3 of
By-law 3036, the minimum side yard requirement shall be 1.2 metres.
Uses Permitted ("RP�II -2" �one)
(i) No person shall within the lands designated "RMI" on Schedule I attached
hereto use any lot or erect, alter or use any building except in accordance
with the following provisions:
A multiple dwelling - horizontal
6 multiple dwelling - vertical
(ii) Despite the provisions of paragraph (i), while the "(H)" holding symbol is in
place, no person shall within the lands designated "(H)RMI-2" 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 l5 of f3y-law 3036, as amended
(b) Zone Requirements ("RtblI-2" Zone)
No person shall within the lands designated "RMI-2" on Schedule I attached
hereto use any lot or erect, alter or use any building except in accordance with
the following provisions:
(i) YARD SETBACKS (minimum):
(ii) BUILDING HEIGHT (maximum):
(iii) DWELLING UNIT KEQUIREMENI'S:
A minimum dwelling unit area:
as illustrated on Schedule ll
attached hereto
12 metres
84 square metres
B no more than 124 dwelling units shall be permitted within the area
designated "RMI-2" on Schedule I attached hereto
(iv) LOT COVERAGE (maximum):
(v) PAktKING REQUIREMENTS:
40 percent
A"Yarking Space" shall mean a usable 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, 6ut shall not inctude any portion of a
parking aisle or driveway;
B For each dwelling unit within a multiple dwelling-horizontal there
shall be provided and maiMained on the lot:
(I)
(II)
(III)
one private garage situated below grade and attached to the
dwelling unit; and
a minimum one parking space on the lot, in addition to the
private garage required in Section 2(b)(v)(I) herein; and
a minimum 0.3 visitor parking spaces
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C For each dwetling unit within a multiple dwelling-vertical there shall
be provided and maintained on the lot:
(I) a minimum two parking spaces; and
(II) a minimum 0.3 visitor parking spaces
D Sections 5.21.2 and 6.5c) of By-law 3036, as amended, shall not apply
to the lands designated "RMI-2" on Schedule I attached hereto;
(vi) Special Regulations
A The horizontal distance between multiple dwellings shall noi be less than
1.8 metres;
B Multiple dwellings-horizontal shall be permitted only on those lands
designated "MD-H" on Schedule 11 attached hereto
C Multiple dwellings-vertical shall be permitted only on those lands
designated "MD-V" on Schedule II attached hereto
D No building openings shall be permitted below the geodetic elevation of
85.4 metres
E Uncovered steps or platforms exceeding 1.0 metre in height above grade
may project a maximum of 1.5 metres into the 7.0 metre and 6.0 metre
yard setback.
(3) Holding Yrovision ("H" Symbol)
(a) Prior to an amendment to remove the °lH)" holding symbol preceeding the use
designation "t2MI-2" the following conditions shall be met:
(i) an agreement between the Town and the owner of the land to which the
"(ti)" holding symbol applies to provide for the development thereof for
the purposes of and in accordance with the provisions of Section 5.(2)
shall be entered into and registered on title;
(ii) an agreement 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 shall be entered into and registered on title, or
such services shall be provided.
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 1
attached hereto. Definitions and subject matters not specifically dealt with in this
6y-law shall be governed by the relevant provisions of By-law 3036, as amended.
7. ENFORCEMENT
(1) Any person who contravenes any of ihe provisions of this By-law is guilty of an
offence and on comiction 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 subseciion (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).
8.
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(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 couri
of competent jurisdiction thereafter, may make an order prohibiting the
continuation or repetition of the offence by the person convicted.
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.
KEAD A FIRST AND SECOND TIME I'HIS znd
READ A THIRD TIME AND PASSED THIS Znd
JOHN E.
BRUCE J. �l'A
SON
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DAY OF August
DAY OF August
, l98 .
, l98
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FINCH AVENUE
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SCHEDULE I TO 9Y-LAW 2840/88
PASSED THIS Znd
DAY OF August �88
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CL.ERK ( BRUCE Jj('AYLOR )
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9CHEDULE II 7U 6Y-LAW zano/sa
PASS£D THIS 2nd
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