HomeMy WebLinkAboutBy-law 6399/04THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 6399/04
Being a By-law to provide for the registration of two-unit houses
in the City of Pickering.
WHEREAS pursuant to Section 167(2) of the Municipal Act, R.S.O. 2001, c.25, as
amended, a municipality has the authority to pass a by-law:
(a)
(b)
providing for the registration of two-unit houses or classes of them as may be set
out in the By-law and the revocation of registrations; and
appointing a Registrar to register two-unit houses in a public register, to revoke
registrations and to perform such other duties related thereto as may be set out
in the By-law or other applicable law.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING
HEREBY ENACTS AS FOLLOWS:
1. DEFINITIONS
In this By-law,
(a)
"Inspector" means a Building Inspector, Municipal Law Enforcement
Officer or Fire Inspector appointed by the City of Pickering;
(b)
"owner" means the registered owner of the land on which the two-unit
house is situated;
(c) "Registrar" means the Fire Chief of the City of Pickering;
(d) "residential unit" means a unit that:
(i)
consists of a self-contained set of rooms located in a building or
structure,
(ii) is used as a residential premises,
(iii)
contains kitchen and bathroom facilities that are used only by the
occupants of the unit,
(iv)
is used as a single housekeeping unit, which includes a unit in
which no occupant has exclusive possession of any part of the unit,
and
(v)
has a means of egress to the outside of the building or structure in
which it is located, which may be a means of egress through
another residential unit;
(e)
"two-unit house" means a detached house or a semi-detached house
which contains two residential units.
2. PROHIBITION
No person shall operate or permit the occupancy of a two-unit house unless the
owner obtains registration of the house as required by this By-law.
3. REGISTRATION APPLICATIONS
(a) To obtain registration, the owner shall:
(i)
submit a completed application on a form provided by the City of
Pickering;
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(ii)
pay the prescribed fee in the amount set out in schedule "A" to this
by-law;
arrange for an inspection of both residential units by an Inspector,
and demonstrate compliance with all relevant standards set out in
the Ontario Fire Code, as amended from time to time; and
(iv)
provide bona-fide evidence that the use of the house for the
purposes of more than one residential unit meets the applicable
zoning provisions, or are exempt from such provisions under the
terms of the Land Use Planning and Protection Act, 1996.
(b)
A house which has received approval for an accessory dwelling unit
through the issuance of a building permit or change of use permit under
the Building Code Act, is exempt from the requirements of (a)(iii) and (iv)
of this section where such permit explicitly authorized such use and
satisfactory final inspections have been completed.
(c)
The Registrar shall issue a registration certificate for an accessory
dwelling unit except where the house proposed for registration does not
comply with this By-law or any other applicable law, as determined by the
Registrar.
REVOCATION OF REGISTRATION
(a)
The Registrar may revoke the registration of a two-unit house which, at
any time after registration, ceases to meet the requirements set out in this
By-law or other applicable law, or where the Registrar determines that the
registration certificate was issued based on false or misleading
information.
(b)
Where the Registrar revokes the registration of accessory dwelling unit,
notice stating the reason for the revocation shall be given to the owner of
the accessory dwelling unit by regular mail.
ADMINISTRATION OF THIS BY-LAW
The Registrar may designate such persons as are necessary to administer this
By-law.
OFFENCES AND PENALTIES
Every person who contravenes any of the provisions of this By-law is guilty of an
offence and upon conviction is liable to a fine as provided for in the Provincial
Offences Act.
BY-LAW read a first, second and third time and finally passed this 1st day of November,
2004.
David R/a~~,
9~ruce Taylor, Clerk
Schedule "A" to By-law Number 6399104
Registration Fee of Accessory Dwelling Units:
Prior to March 31, 2005
After April 1, 2005
$250.00
$500.00