HomeMy WebLinkAboutBy-law 4042/92 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 4042[92
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 29, Concession 1 and Part of Lot 1, Registered Plan 221 (Part 1,
Plan 40R-9979), in the Town of Picketing. (A 5/89)
WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to
permit the development of semi-detached and multiple-horizontal residential units on the
subject lands in Part of Lot 29, Concession 1 and Part of Lot 1, Registered Plan 221 (Part 1,
Plan 40R-9979), in the Town of Pickering;
AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary;
blOW TI-IEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. SCHEDULE I
Schedule I attached hereto with notations and references shown thereon is 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 29, Con,c, ession 1,and
Part of Lot 1, Registered Plan 221 (Part 1, Plan 40R-9979), designated 'MD-H2' on
Schedule I attached hereto.
3. GENERAL PROVISION
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.
4. 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) "Dwelling 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 common
wall or common 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
stor.eys of a building or structure, or part thereof as the case may be, other than
,,a, pnvategarage:, an attic or a cellar;
(3) (a) 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;
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5. PRO~SIONS
(1) Uses Permitted ("MD-H2" Zone)
No person shall within the lands designate.d "MD-H2" on Schedule I attached hereto,
use any lot or erect, alter or use any building or structure for any purpose except the
following:
(a) multiple dwelling-horizontal residential use
(b) semi-detached dwelling residential use
(2) ~ ("MD-H2" Zone)
No person shall within the lands designated "MD-H2" on Schedule I attached hereto
use any lot or erect, alter or use any building or structure except in accordance with
the following provisions:
(a) DWELLING UNIT REQUIREMENTS:
A Dwelling unit gross floor area-residential
(minimum) 100 square metres
B Number of dwelling units
(maximum) 135
C Number of dwelling units fronting
Amberlea Road (maximum) 12
D There shall be no multiple dwelling-horizontal residential uses fronting
Amberlea Road.
(b) BUILDING HEIGHT (maximum): 12.0 metres
(c) BUILDING RESTRICTIONS:
No building, part of a .building, structure orpart of a structure shall be erected
except within the building envelope illustratedon Schedule I attached hereto.
(d) LOT COVERAGE (maximum): 30 percent
(e) PARKING REQUIREMENTS:
A For the purpose of this clause "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 i.n length for the temporary parking of vehicles, but shall not include
any pornon of a parking aisle or driveway;
B For each dwelling unit there shall be provided and maintained on the lands,
(a) one private garage attached to the dwelling unit; and
(b) one parking space located between the vehicular entrance of the private
garage and the nearest traffic aisle; and
(c) 0.3 visitor parking space.
C Clauses 5.21.2a), 5.21.2b), 5.21.2c), 5.21.2d), 5.21.2e), and 5.21.2i) of By-law
3036, as amended, shall not apply to lands designated "MD-H2" on Schedule
I attached hereto;
D Despite clauses 5.21.2g) and 5.21.2k) of By-law 3036, as amended, all
entrances and exits to parking areas and all parking areas shall be surfaced
with brick, asphalt or concrete, or any combination thereof.
(f) SPECIAL REGULATIONS:
The horizontal distance between multiple dwellings-horizontal shall be a
minimum of 1.8 metres.
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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. 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 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 o.f 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 $25,000 for each day or part
thereof upon which the contravention has been continued after the day on
which the corporation was first convicted;
and not as provided in subsection (1).
(3) Where a conviction is entered under subsection (1), in addition to any other remedy
or penalty by law, the court in which the conviction has been entered, and any court
of competent jurisdiction thereafter, may make an order prohibiting the continuation
or repetition of the offence by the person convicted.
8. EFFECTIVE DATE
This By-law shall take effect from the day of passing hereof, subject to the approval of the
Ontario Municipal Board, if required.
READ A FIRST AND SECOND TIME THIS 29th DAY OF June ,1992.
READ ATHIRD TIME AND PASSED THIS 29th DAY OF June ,1992.
MAYOR "
WAYNE ARTHURS
TOWN Of
_PlCKERING
APPROVED .
~$ TO FORM
, MD-HZ
PART 1
% PLAN 40R-9979
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PART 2
PLAN 40R-9979
--"~'~ BUILD~NG ENVELOPE BOUNDARY
SCHEDULE I TO BY-LAW 4042/92
PASSED THIS 29th
DAY OF June A399~