HomeMy WebLinkAboutBy-law 2911/88-. u� �
c� T,���```�f
a�������� �
� D
JUL2'71990R a9os6s
TOWN �F K�1�1<E�ING
Ontario Municipal Board ���;,<Fr�r,c,oNTnH�o
Commission des affaires municipales de I'Ontario
IN THE MATTER OF Section 34 of the
Planning Act, 1983
AND IN THE MATTER OF an appeal by The
Regional Municipality of Durham
against Zoning By-law 2911-88 of the
Corporation of the Town of Pickering
B E F O R E:
A. J. L. CHAPMAN
Vice-Chairman
)
)
)
THE APPEAL having been withdrawn;
Monday, the 23rd day
of July, 1990
THE BOAI2D ORDERS the appeal against Zoning By-law 2911/88 is hereby
dismissed.
Y
r' `�
": .r!
'��,�, , �
,
� q.
✓�
� �A` � � ��.
����,��
�� � �r v �
a,;,�,.r
�
ENTERfD
0.8. No..ie.�.`!. :�:.......
�_
Folio NO....3 D .............
JUL 2 5 1990
C�ml�v�.
SECflETAflY, ONL MUNICIPAI BOAflD
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 2911/88
Being a By-taw 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, in the Town of Pickering.
(A 18/88)
WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to
permit the development of multiple dwelling units and a day nursery to occur on the subject
lands being Part of Lot 29, 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:
1. SCHEDULE 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 sha71 apply to those lands in Part of Lot 29, Concession 1, in
the Town of Pickering, designated "RMI-3/DN(3)" on Schedule I attached hereto.
3. GENERAL PROVISIONS
m
�
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.
In this By-law,
(1) "Activity Room Area" shall mean the floor area within a day nursery that is used by
children for their day-to-day activities but shall exclude all floor area allocated to
corridors, storage areas, washroom and kitchen facilities and offices;
(2) "Day Nursery" shall mean lands and premises duly licenced pursuant to the provisions
of the Day Nurseries Act, or any successor thereto, and for the use as a facility for
the daytime care of children;
(3) (a) "DwellinQ" 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) "DwellinR 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) "Multipte Dwelling-Horizontal" shall mean a building containing three or more
dwelling units attached horizontally, not vertically, by an above grade wall or
walls;
(d) "Multiple Dwelling-Vertical" shall mean a building containing three or more
dwelling units attached horizontally and vertically by above grade wall or walls,
or an above grade floor or floors, or both;
(4) (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;
� a�3 � 13, /99D
-2 -
(5) (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 CoveraQe" shall mean the percentage of lot area covered by all buildings on
the (ot;
(c) "Lot FrontaRe" shall mean the width of a lot between the side lot lines measured
along a line parallel to and 7.5 metres distant from the front lot line;
(6) "Private Gara�e" 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;
(7) "Senior Citizen Apartment Dweliing" shall mean a dwelling containing three or more
dwelling units attached horizontally or vertically for occupation by elderly persons
only;
(8) "Yard" shall mean an area of land whirh 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-3/DN(3)" Zone)
A No person shall within the lands designated "RMI-3/DN(3)" on Schedule I
attached hereto use any lot or erect, alter or use any building or structure
for any purpose except the following:
(i) day nurseries
(ii) multiple dwellings - horizontal
(iii) multiple dwellings - vertical
B Despite the provisions of paragraph A, while the "(H)" holding symbot is in
place, no person shall within the lands designated "(N)RMl-3/DN(3)" on
Schedule 1 attached hereto, use any lot or erect, alter or use any building or
structure for any purpose except the following:
(i) residential, agricultural, recreational or other uses in accordance with
Section 7 of By-law 3036 as amended
(b) Zone Requirements ("RMI-3/DN(3)" Zone)
No person shall within the lands designated "RMI-3/DN(3)" 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):
A
4
(iii)
A
B
on the lands designated "MD-H"
on Schedule II attached hereto
on the lands designated "MD-V" on
Schedule lI attached hereto
DWELLING UNIT REQUIREMENTS:
as illustrated on Schedule I[
attached hereto
2 storeys
3 storeys
No more than 141 dwelling units shall be permitted within the area
designated "RMI-3/DN(3) on Schedule I attached hereto;
Multiple dwellings-horizontal shail only be permitted on those lands
designated "MD-H" on Schedule 11 attached hereto;
-3 -
C Any multiple dwelling-horizontal shall have a minimum dwelling unit
floor area of 84.0 square metres;
D Multiple dwellings-vertical shall only be permitted on those lands
designated "MD-V" on Schedule [I attached hereto;
E Any multiple dwelling-vertical shall have a minimum dwelling unit
floor area of 56.0 square metres;
F A minimum of 30 multiple dwellings-vertical shali be provided and
maintained for use as senior citizen apartment dwellings.
(iv) LOT COVERAGE (maximum): 40 percent
(v) PARKING REQUIREMENTS:
A"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 in length for the
temporary parking of vehicles, but shall not include any portion of a
parking aisle or driveway;
B The minimum perpendicular width of an aisle for two-way traffic, used
to gain access to a parking space shall be 5.5 metres;
C For each dwelling unit within a multiple dwelling-horizontal there shall
be provided and maintained on the lot:
(I) a minimum 1.2 parking spaces which shall include one parking
space located between the front wall of the dwelling unit and the
nearest two-way traffic aisle;
(II) a minimum of 0.3 visitor parking spaces;
D For each dwelling unit within a multiple dwelling-vertical ihere shall
be provided and maintained on the lot:
(I) a minimum of 0.5 parking spaces;
(II) a minimum of 0.15 visitor parking spaces
E For any day nursery use, there shail be provided and maintained on
the lot a minimum of 5.0 parking spaces for each 100.0 square
metres of activity room floor area associated with the day nursery;
F Sections 5.21.2 and 6.5(c) of By-law 3036, as amended, shall not
apply to the lands designatd "RMI-3/DN(3) on Schedule [ attached
hereto;
(vi) SPECIAL REGULATIONS:
A The horizontal distance between multiple dwellings-horizontal
shall be a minimum of 1.8 metres;
B Any day nursery use shall be located on the lands designated
"MD-V" on Schedule II attached hereto;
C The number of children attending at any one time, all day
n�rseries on the land designated "MD-V" on Schedule II attached
hereto, shall not exceed 40;
D One refuse storage building, ancillary to the permitted residential
uses, shall be provided and maintained within the lands designated
"RMI-3/DN(3) on Schedule I attached hereto.
(2) Holdin� Provision ("H" Symbol)
(a) Prior to an amendment to remove the "(H)" holding symbol preceeding the use
designation "RMl-3/DN(3)" the following conditions shall be met:
�i) an agreement between the Town and the owner of the land to which
the "(H)" holding symboi applies to provide for the development thereof
for the purposes of and in accordance with the provisions of Section
5.(1) shall be entered into and registered on title;
6.
7
8.
-4 -
(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.
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.
ENFORCEMENT
(1)
(2)
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.
Where a corporation is convicted under subsection (l), 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 (l).
(3) Where a conviction is entered under subsection (l), 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.
EFFECTIYE DATE
This By-law shall take effect from the day of passing hereof subject to the approval of the
Ontario Municipal Board, if required.
I 7� I: ��Z: �� i f'3.' ➢ r: � L I.Y :[K� L L iy Y L� i L: � r: f i.''
READ A THIRD TIME AND PASSED THIS
- . . �, 1
, y�
llth DAY OF
/O�C DAY OF
October
�
G!� .�N/le�r.p
MAY
WAYNE E. ARTHURS
� (�LERK
BRUCE7.TAYLOR
, 1988.
, 1989.
FINCH AVENUE
SCHEDULE I TO BY LAW � 9�� ��
PASSED THIS �0 �
DAY OF -� 1989
Gc�_a-5,.� �i�.� ��c�..
MAYQ (Wayne E. Arthurs)
"�i'l ��
CLERK ( ruce J Taylo
0
a
0
�
�
w
�
x
3
FINCH AVENUE
'YARD SETBACK REOUIREMENTS - SEE SECTION 6(1)(b)(iI
SCHEDULE II TO BY LAW
PASSED THIS ���
DAY OF �� 1989
�
MAYO Wayne E. A rthurs)
� `/i•�
CLERK (B ce J Taylor)
�19// �'�'
N
�
�
w
�
x
3