HomeMy WebLinkAboutBy-law 3116/89 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 3116/89
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
Block #6, Plan #0M-1307~ in the Town of Picketing.
(A 17/88)
WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to
permit the deYelopment of multiple dwelling units to occur on the subject lands being Block t~6,
Plan 40M-1507, 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:
SCHEDULES I AND II
Schedules I and Il 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 Block #6, Plan #OM-If07, in the
Town of Picketing, designated "MD-H" on Schedule I 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" 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) "Dwellin~ 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 wall or
walls;
(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;
(4) "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;
(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) (a) Uses Permitted ("MD-H" Zone)
(i) No person shall within the lands designated "MD-H" 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
(ii) Despite the provisions of paragraph (i)~ while the "H" holding symbol is in
place, no person shall within tile lands designated "MD-H" on Schedule 1
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 15 of By-law 3036, as
amended.
(b) Zone Requirements ("MD-H" Zone)
No person shall within the lands designated "MD-H" on Schedule I attached
hereto use any lot or erect~ alter or use any building except in accordance with
the following provisions:
(i) BUILDING SETBACKS (minimum): as illustrated on Schedule II
(ii) BUILDING HEIGHT (maximum): 12.0 metres
(iii) DWELLING UNIT REQUIREMENTS:
A minimum dwelling unit area 100 square metres
B no more than 20 dwelling units shal~ be permitted within the area
designated "MD-H" on Schedule I
(iv) PARKING REQUIREMENTS:
A "Parking Space" shall mean a usable anti 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 on the
lot:
(1) one private garage attached to the dwelling unit; and
(ii) one parking space located between the vehicular entrance of the
garage and the nearest traffic aisle; and
(iii) a minimum 0.3 visitor parking spaces;
(xi) SPECIAL REGULATIONS:
A the horizontal distance between multiple dwellings-horizontal shall be
a minimum of 1.8 metres
B one refuse storage building, ancillary to a multiple dwelling-horizontal
use, may be provided and maintained within the lands designated
"MD-H" on Schedule I attached hereto
(2) (a) Uses Permitted ("H" Zone)
Prior to an amendment to remove the "(H)" holding symbol preceeding the use
designation "MD-H" the following conditions shall be met:
-3 -
(i) 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 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 tot the development thereof for
the purposes of and in accordance with the provisions of Section 5.(1) 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 if 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 ot the provisions of this By-law is guilty of an
otfence and on conviction is liable,
(a) on a tirst conviction to a line of not more than $20,000; and
(b) on a subsequent conviction to a tine of not more than $10,000 tot 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 tine ot not more than $50,000; and
(b) on a subsequent conviction a tine ot not more than $25,000 tot 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 (1), in addition to any other remedy
or penalty by [aw, 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.
EFFECTIVE DATE
This By-law shall take effect from the day ot passing hereof subject to the approval ot the
Ontario Municipal Board, it required.
READ A FIRST AND SECOND TIME THIS 1st DAY OF MAY ~ 1989.
READ A THIRD TIME AND PASSED THIS 1st DAY OF MAY , 1989.
MAYOR/' '
WAYNE E. ARTHURS
TOWN OF ~-~"' ~
PICKERING ./.-~ .
APPROVED --'' ??'
BRUCE J. TAYLOR
LEGAL DEI~.
SENATOR STREET /
SCHEDULE I TO BY-LAW 3116/89
PASSED THIS ~st
DAY OF MAY 1989
MA~{~{W~,ne E. Ar~h6rs)
CLERK (Bruc~J. Taylor}
SENATOR STREET /
'aMINIMUM BUILDING SETBACKS - SEE SECTION 5(I)(b)(i)
SCHEDULE II TO BY-LAW 3116/89
PASSED THIS
DAY OF MAY 1989
MAVOR/(Wayne E. Arth~u~r:~
'CLERK (Brae .JfTaylor)
SUBJECT
PROPERTY
DRIVE AVENUE