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HomeMy WebLinkAboutBy-law 2840/88THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 2840/88 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 l9, Concession 1, in the Town of Pickering. (A 26/84; 18T-84026[R]) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of detached dwelling units and multiple dwelling units to occur on the subject lands being Part of Lot 19, 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: SCHEDULES 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 shall apply to those lands in Part of lot 19, Concession 1, in the Town of Pickering, designated "R4-5" and "RMI-2" on Schedules I attached hereto. 3. GENERAL PROVISIONS 4. No building, land or part thereof shall hereafter be used, occupied, erected, moved or structuralty altered except in conformity with the provisions of this By-law. In this By-law, (l) (a) "Dwelling" shall mean a building or part of a building containing one or more dwelling uni#s, but does not include a mobile home or trailer; (b) "Dwelling Unit" shalt mean one or more habitable rooms occupied or capabte of being occupied as a single, independent and separate housekeeping unit containing a separate kitchen and sanitary facilities; (c) "Dwelling, Single or SinQle Dwelling" shall mean a dwelling containing one dwelling uni# and uses accessory #hereco; (d) "Dwellin�, Detached or Detached Dwellin�" shall mean a single dwelling which is freestanding, separate and detached from other main buildings or str�ctures; (e) "Multiple DwellinQ-Horizontal" shall mean a building containing three or more dwelling units attached horizontally, not vertically, by an above grade wall or walls; (f) "Multiple Dwellin�-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; ������ ,��-� ���- .�s, � y�-y -2 - (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. (c) "Lot Fronta�e" shall mean the width of a lot between the side lot lines measured aiong a line parallel to and 7.5 metres distant from the front lot line; (5) (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 unocc�pied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b) "Front Yard" shall rnean 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) °t2ear 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 b�ilding 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 tne side lot lines, and the nearest wall of the nearest main building or structure on the lot; (f1 "Side Yard" shall mean a yard of a lot extending from 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; (g) "Side Yard Width" shall mean the 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) "FlankaQe 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} "FlankaQe Side Yard Width" shall mean the shortest horizonial dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street and the nearest wall of the nearest main building or structure on the lot; (j) "Interior Side Yard° shaii mean a side yard other than a flankage side yard. 5. PROVISIONS (1) (a) Uses Permitted ("R4-5" Zone) No person shall within the lands designated "R4-5" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) a one-family detached dwelling in accordance with Section 10 of By-law 3036, as amended, and the following provisions: 2 Ca) A B C -3 - Uncovered steps or platforms exceeding 1.0 metre in height above grade may project a maximum of 1.5 metres into the required rear yard; No building openin�s shall be permitted below the geodetic elevation of 85.4 metres. Despite the minimum side yard requirements set out in Section 10.2.3 of By-law 3036, the minimum side yard requirement shall be 1.2 metres. Uses Permitted ("RP�II -2" �one) (i) No person shall within the lands designated "RMI" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: A multiple dwelling - horizontal 6 multiple dwelling - vertical (ii) Despite the provisions of paragraph (i), while the "(H)" holding symbol is in place, no person shall within the lands designated "(H)RMI-2" on Schedule I 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 l5 of f3y-law 3036, as amended (b) Zone Requirements ("RtblI-2" Zone) No person shall within the lands designated "RMI-2" 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): (iii) DWELLING UNIT KEQUIREMENI'S: A minimum dwelling unit area: as illustrated on Schedule ll attached hereto 12 metres 84 square metres B no more than 124 dwelling units shall be permitted within the area designated "RMI-2" on Schedule I attached hereto (iv) LOT COVERAGE (maximum): (v) PAktKING REQUIREMENTS: 40 percent A"Yarking 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, 6ut shall not inctude any portion of a parking aisle or driveway; B For each dwelling unit within a multiple dwelling-horizontal there shall be provided and maiMained on the lot: (I) (II) (III) one private garage situated below grade and attached to the dwelling unit; and a minimum one parking space on the lot, in addition to the private garage required in Section 2(b)(v)(I) herein; and a minimum 0.3 visitor parking spaces -4 - C For each dwetling unit within a multiple dwelling-vertical there shall be provided and maintained on the lot: (I) a minimum two parking spaces; and (II) a minimum 0.3 visitor parking spaces D Sections 5.21.2 and 6.5c) of By-law 3036, as amended, shall not apply to the lands designated "RMI-2" on Schedule I attached hereto; (vi) Special Regulations A The horizontal distance between multiple dwellings shall noi be less than 1.8 metres; B Multiple dwellings-horizontal shall be permitted only on those lands designated "MD-H" on Schedule 11 attached hereto C Multiple dwellings-vertical shall be permitted only on those lands designated "MD-V" on Schedule II attached hereto D No building openings shall be permitted below the geodetic elevation of 85.4 metres E Uncovered steps or platforms exceeding 1.0 metre in height above grade may project a maximum of 1.5 metres into the 7.0 metre and 6.0 metre yard setback. (3) Holding Yrovision ("H" Symbol) (a) Prior to an amendment to remove the °lH)" holding symbol preceeding the use designation "t2MI-2" the following conditions shall be met: (i) an agreement between the Town and the owner of the land to which the "(ti)" holding symbol applies to provide for the development thereof for the purposes of and in accordance with the provisions of Section 5.(2) shall be entered into and registered on title; (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. 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 1 attached hereto. Definitions and subject matters not specifically dealt with in this 6y-law shall be governed by the relevant provisions of By-law 3036, as amended. 7. ENFORCEMENT (1) Any person who contravenes any of ihe provisions of this By-law is guilty of an offence and on comiction 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 subseciion (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). 8. -5 - (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 couri 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 of passing hereof subject to the approval of the Ontario Municipal Board, if required. KEAD A FIRST AND SECOND TIME I'HIS znd READ A THIRD TIME AND PASSED THIS Znd JOHN E. BRUCE J. �l'A SON � DAY OF August DAY OF August , l98 . , l98 � J � O � ' IV \ FINCH AVENUE I_�.'I I;J� \.L�I\l•. 1 SCHEDULE I TO 9Y-LAW 2840/88 PASSED THIS Znd DAY OF August �88 i CL.ERK ( BRUCE Jj('AYLOR ) PAGE I OF 2 .� N r � J � O � FINCH AVENUE � �ll i7� (:1�(.. i 9CHEDULE II 7U 6Y-LAW zano/sa PASS£D THIS 2nd �Y � I�ugust �8 PAGE 2 OF 2 � ♦.sn N