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Home My WebLink AboutBy-law 2658/88 R 880096 Ontario Ontario Municipal Board Commission des affaires municipales de I'Ontario IN THE MATTER OF Section 34 of the Planning Act, 1983 AND IN THE )lATTER OF an appeal by A.N.M. Developments Ltd. against Zoning By-law 2658/88 of The Corporation of the Town of Pickering BEFORE: G.M. HOBART Member Wednesday, the 21st day - and - of September, 1988 J.R. MILLS Member THE APPEAL having been withdrawn; THE BOARD ORDERS that the appeal against Zoning By-law 2658/88 is hereby di smi ssed. .. ,. ~.~ /.~:-. ~, SECRETARY -,~,,,~ ~ ....... ~.~ SEP 2 6 1988 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 2658/88 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 Part of Lot 32, Range 3, Broken Front Concession, in the Town of Picketing. (A 79/87) WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to permit the establishment of offices, financial institutions, and medium density residential uses on Part of Lot 32, Range 3, Broken Front Concession, 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 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 on Schedule I attached hereto in Lot 32~ Broken Front Concessions Pickering~ bearing a "CO/RMI" designation~ whether or not that designation is accompanied by any bracketed symbol. 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) "Business Office" shall mean a building or part of a building in which the management or direction of a business, a public or private agency, a brokerage or a labour or fraternal organization is carried on and which may include a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or theatres, but shall not include a retail store; (2) (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 wall or walls; (d) "Multiple Dwelling-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; (3) "Financial Institution" shall mean a building or part of a building in which money is deposited~ kept, lent or exchanged; (#) "Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade, designed for owner or tenant occupancy or exclusive use only, but excluding storage areas below established grade; (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 structues, 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 Frontage" 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) "Professional Office" shall mean a building or part of a building in which medical, legal or other professional service is performed or consultation given, and which may include a clinic, the offices of an architect~ a chartered accountant, an engineer, a lawyer or a physician, but shall not include a body-rub parlour as defined in The Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successory thereto; (7) (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 unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b) "Front Yard" shall mean 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) "Rear 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 building 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 the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (f) "Side Yard" shall mean a yard of a lot extending lrom 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; 3 (g) "Side Yard Width" shall mean tile 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) "Flankage 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) "Interior Side Yard" shall mean a side yard other than a flankage side yard; 3. PROVISIONS (1) Uses Permitted ("CO/RM[" Zone) No person shall within the lands designated "CO/RMI" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (a) business office (b) multiple dwelling-horizontal (c) multiple dwelling-vertical (d) professional office (2) Despite the provisions of section 3(1) of this By-law while the "(H)" holding symbol is in place, no person shall within the lands designated "CO/(H)RMI" on Schedule I attached hereto, use any lot or erect, alter or use any building or structure for any purpose except: (a) business office; (b) professional office. (3) Zone Requirements ("CO/RMI" Zone) No person shall within the lands designated "CO/RMI" 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) LOT AREA (minimum): 0.# hectare (b) LOT FRONTAGE (minimum): 30 metres (c) FRONT YARD DEPTH (minimum): lt~ metres (d) INTERIOR SIDE YARD WIDTH (minimum): 3.3 metres (e) FLANKAGE SIDE YARD WIDTH (minimum): 3.3 metres (f) REAR YARD DEPTH (minimum): 7.3 metres (g) LOT COVERAGE (maximum): 33 percent (h) BUILDING HEIGHT (maximum): 10 metres (i) OPEN STORAGE: no open storage shall be permitted in any yard (j) FLOOR SPACE INDEX: A For the purpose of this clause "floor space index" shall mean the ratio of the aggregate of the gross floor areas of ali business offices and professional offices on the lot to the total area of the lot. B Maximum floor space index: 0.5 per lot (k) DENSITY: A For the purpose of this clause, "density" shall mean the number of dwelling units on a lot, divided by the area, in hectares, of that lot. Minimum density: 22.5 dwelling units per hectare. C Maximum density: 55 dwelling units per hectare. (1) PARKING REQUIREMENTS: A For the purpose of this clause) "parking space" shall mean a useable and accessible area of not less than 2.6 metres in width and 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 business offices and professional offices, there shall be provided and maintained on the lot a minimum of #.5 parking spaces per 100 square metres floor area for the first 1000 square metres gross leasable floor area, plus 2.5 parking spaces per 100 square metres floor area for all remaining gross leasable floor area. C For multiple dwellings-horizontal and multiple dwellings-vertical, and despite Sections 6.5(b) and 6.5(c) of By-law 3036, as amended: (I) For each dwelling unit having its own private garage on the lot, there shall be provided and maintained on the lot a minimum of 0.3 visitor parking spaces; (II) For each dwelling unit not having its own private garage on the lot, there shall be provided and maintained on the lot: (i) where the dwelling unit is within a multiple dwelling-horizontal, 1.5 parking spaces if the dwelling unit contains less than three bedrooms, 1.7 parking spaces if the dwelling unit contains three bedrooms, and 1.9 parking spaces if the dwelling unit contains more than three bedrooms; (ii) where the dwelling unit is within a multiple dwelling-vertical, 1.# parking spaces if the dwelling unit contains less than two bedrooms, t.5 parking spaces if the dwelling unit contains two bedrooms, and 1.6 parking spaces if the dwelling unit contains more than two bedrooms. D All parking areas shall be set back a minimum of 3.0 metres from all road allowances; E Notwithstanding Section 5.21.2g) of By-law 3036, as amended, all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof; (m) SPECIAL PROVISIONS: The horizontal distance between multiple dwellings-horizontal shall not be less than l.g metres. (#) Holding Provisions ("(H)" Symbol) Prior to an amendment to remove the "(H)" holding symbol preceding the use designation "RMI" the following conditions must be met: (a) an agreement between the Town of Picketing and the owner of the land to which the "(H)" holding symbol applies to provide for the development thereof for the purpose of multiple dwelling-horizontal or multiple dwelling-vertical uses in accordance with the provisions of section 5(3) shall be entered into; (b) 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. 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 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 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. EFFECTIVE DATE This By-law shah 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 19th DAY OF January , 1988. READ A THIRD TIME AND PASSED THIS 19t.!~ DAY OF January , 1988. / .~]OHN E. AN<pERSON BRUCE 3. TAYLO~/ ~/ "/ > DRIVE 145.4m CO/(H)RMI SCHEDULE I TO BY- LAW 2658/88 PASSED THIS 19th DAY OF da.nuaz'~ 1988 AYOR ( JOHN E. ANDERSON 4 I Salanth • 1 SMEPPARD _ . I UMW 111 • �, ... I!LII mom iti i In— —Imo INI • 1111111211 alliNa,- ---z_ �,I_WOOS 1 RN 1111 NRIIINNIII :� TERA=Mil No—I min• IOW'WM um M I —� �W .�... 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